Date Last Revised for Intuit, Intuit Payments Inc. and Mint: April 19th, 2017
1. GENERAL TERMS.
- Accepting the Terms
- Privacy and your Personal Information
- Description of the Services
- Account Information from Third Party Sites
- Intuit Offers and Third-Party Links
- Your Registration Information
- Your Use of the Service
- Use With Your Mobile Device
- Online and Mobile Alerts
- Rights You Grant to Us
- Intuit’s Intellectual Property Rights
- Access and Interference
- Rules for Posting
- Social Media Sites
- Disclaimer of Representations and Warranties
- Not a Financial Planner, Broker or Tax Advisor
- Limitations on Intuit’s Liability
- Your Indemnification of Intuit
- Ending your relationship with Intuit
- Governing Law and Forum for Disputes
- Mint QuickView
- Credit Score Services
- Bill Payment Services
- Apple Requirements
1. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Intuit of the Mint Services or the Bill Payment Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Mint.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Intuit. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Intuit.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
You can view the Intuit Privacy Statement here and on the Site 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’s 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. Intuit may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
3. Description of the Services
The Mint Service is a personal finance information management service that allows you to consolidate and track your financial information. The Mint Service is provided to you by Intuit without charge (it is free) and is meant to provide you with your information to allow you to organize and manage your finances.
The Mint Service may also include a service that provides your one-bureau credit summary, credit score and monitoring alerts (“Credit Score Service”). You may have the option to obtain this Credit Score Service for free or elect to purchase an upgraded version of this service that provides you information from multiple credit bureaus (“Mint Credit Monitoring”).
The Bill Payment Services offers various tools and functions through the Sites including a personal information management service that allows you to consolidate and track certain personal information. It also includes a bill payment service that allows you to make payments to third parties as further described in Section 25 below.
The Services may also present you information relating to third party products or services (“Intuit Offers”) that you may be interested in. The Services may also provide you general tips, recommendations and educational material.
4. Account Information from Third Party Sites
Users may direct Intuit to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Intuit works with one or more online service providers to access this Account Information. Intuit does not review the Account Information for accuracy, legality or non-infringement. Intuit is not responsible for the Account Information or products and services offered by or on third-party sites.
Intuit cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Intuit cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
5. Intuit Offers and Third-Party Links
Some parts of the Services are supported by sponsored links from advertisers. The Services may display Intuit Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular Intuit Offer is sponsored or otherwise provided by a third party.
In connection with Intuit Offers, the Services will provide links to other web sites belonging to Intuit advertisers and other third parties. Intuit Offers are provided to you as a convenience. Intuit does not endorse, warrant or guarantee the products or services available through the Intuit Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Intuit is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Intuit does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Intuit Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Intuit may receive compensation from third parties which may impact the placement and availability of the Intuit Offers.
6. Your Registration Information and Electronic Communications
In order to allow you to use the Services, you will need to sign up for an account with Intuit. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Intuit cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Intuit immediately at the email address - email@example.com.
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an Unauthorized Transfer (as defined in Section 25.1 Bill Payment Services below) has occurred, you must notify us immediately in order to minimize your possible losses.
7. Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Intuit to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Intuit, in its sole discretion, may elect to take. In no event will Intuit be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Intuit to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Intuit may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Intuit is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Intuit may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
8. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network 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: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. Online and Mobile Alerts
Intuit may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Intuit may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Intuit may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Intuit shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
10. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Intuit through the Services, you are licensing that content to Intuit for the purpose of providing the Services. Intuit may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Intuit for use for this purpose, without any obligation by Intuit to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Intuit to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Intuit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Intuit to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Intuit a limited power of attorney, and appoint Intuit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN INTUIT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, INTUIT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Intuit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
11. Intuit’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Intuit Intuit Payments Inc. or its software or content suppliers. Intuit grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
12. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Intuit’s express written consent, which may be withheld in Intuit’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services.
13. Rules for Posting
As part of the Services, Intuit may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Intuit or by one of our third party service providers on Intuit’s behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit, upload, post or store through the Services.
- 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. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
- You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b)post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c)post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
- You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Intuit does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. 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.
14. Social media sites
15. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER INTUIT OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTUIT OR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
16. Not a Financial Planner, Broker or Tax Advisor
NEITHER INTUIT NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. INTUIT IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
17. Limitations on Intuit’s Liability
INTUIT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INTUIT’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
18. Your Indemnification of Intuit
You shall defend, indemnify and hold harmless Intuit and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
19. Ending your relationship with Mint.com
This Agreement will continue to apply until terminated by either you or Intuit (or any Intuit affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows:
To close your account, please use the directions below:
For users who have accounts added in Mint:
- Login to your Mint.com account via the Mint website.
- Go to “Settings”.
- Click the “Delete your Mint account” option under “Sign In & Security”.
- Click “YES, delete my Mint Account” and you will be prompted to enter your password.
- Click “Delete Account” to delete your account.
- Your account will be closed and your ability to log in deactivated immediately. Your Mint.com account data will be removed as explained in our Privacy Statement and we will send you a confirmation via email.
For users who have no accounts added in Mint:
- Login to your Mint.com account via the Mint website.
- Scroll to the bottom of the main page and click the link that says "Delete your Mint account "(If you recently deleted your bank accounts, please logout and then log back in once more to view the “Delete your Mint account” link on the main page).
- A pop up box will appear, select “YES, delete my Mint Account” and you will be prompted to enter your password.
- Click “Delete Account” to delete your account.
- Click “Delete Account” to delete your account.
- Your account will be closed and your ability to log in deactivated immediately. Your Mint.com account data will be removed as explained in our Privacy Statement and we will send you a confirmation via email.
To remove Mint from your mobile devices, delete the Mobile App. However, deleting the app will not delete your Mint account, it will only delete the data from the device. Therefore, in order to close your account for the Mint Service, login to Mint.com via the web and follow the instructions above.
Intuit may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Intuit in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Intuit may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Intuit shall not be liable to you or any third party for any termination of your access to the Services.
Intuit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Intuit reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Mint Services and Bill Payment Services, Intuit will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Intuit shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Intuit may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
21. Governing Law and Forum for Disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 21 shall survive expiration, termination or rescission of this Agreement.
22. Allegations of Copyright and Trademark Infringements; Notification
Intuit respects the intellectual property rights of others and Intuit asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Intuit’s Designated Agent, whose contact information is as follows:
Attention: DMCA Designated Agent
2700 Coast Avenue
Mountain View, CA 94043
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Intuit may be shared with third parties, including the person who provided Intuit with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Intuit’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Intuit’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
II. SUPPLEMENTAL TERMS AND CONDITIONS FOR THE SERVICES.
These Supplemental Terms and Conditions apply for Mint Quickview, Credit Score and Bill Payment Services and shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.
23. Mint QuickView.
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24. Credit Score Services.
Intuit may provide you with two versions of credit report: a free credit score, report summary and monitoring alerts (“Credit Score Service”) and a paid version, Mint Credit Monitoring (collectively, the “Credit Score Services”). The Mint Credit Monitoring shall be subject to and governed by the terms of this Agreement and the supplemental terms and conditions available when you sign up for the Mint Credit Monitoring. The Credit Score Services may be available on the Quicken Services mobile App. The Credit Score Services may provide you with information about your credit profile including your credit report summary, credit score, monitoring or alert services and interactive tools where available. Credit Score Services will be provided via our website, including via mobile applications, where available. Some Credit Score Services will be provided through our third party processing agent, Equifax Information Services, LLC or other designated processing agent (“Processing Agent”). You may select from two types of Credit Score Services, with features described below.
Mint Free Credit Score Services The Mint Free Credit Score Services is a free version of the Mint Services available to Customers. This Mint Free Credit Score Services may include the following:
- Single-bureau credit score with periodic updates and tracking as described on the website. The credit score provided to you is an Equifax® credit score, based on a proprietary credit model developed by Equifax which may use information in your Equifax, Experian and TransUnion credit files.
- Potential key factors affecting your credit score, credit score comparison to national norms and simulators/ credit score calculator to understand how specific actions might affect your credit scores.
- Suggestions, tips and educational materials and information about other products and services that might be of interest to you.
Additional Credit Products Additional credit products may be made available to you via Mint.com Site and may include products from third parties such as our Processing Agent. Please review the specific features, terms and conditions and associated fees before you purchase.
Intuit does not guarantee that you will receive your free credit report information. You must satisfy our eligibility requirements. You may obtain your own report without using our Services. You have the right to a free credit report from AnnualCreditReport.com or (877) 322-8228, the ONLY authorized source under Federal law.
- Authorization for Credit Score Services You must be at least 18 years of age to use these Credit Score Services, and you must be the subject of the credit report that you are seeking. You hereby authorize Intuit to do all of the following in connection with providing you the Credit Score Services: (i) verify your identity and share with our Processing Agent certain non-public personal information about You, including Your Social Security Number; (ii) request and obtain your consumer credit report, including your score from our Processing Agent throughout the term in which we provide you the Credit Score Services; such request constitutes "written instructions" in accordance with the Fair Credit Reporting Act (“FCRA”); and (iii) use and retain your credit information, along with the other information you have given us access to under the Agreement, to provide the Services and use with other Intuit services that include substantially similar functionalities as these Credit Score Services. You agree that we may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) provide you with the Services; and (d) serve you targeted ads and other communication based on your information. Intuit may send you information via email, text or online display or other means of delivery in Intuit’s reasonable sole discretion. We may also aggregate and evaluate your information to do statistical analysis to provide historical or comparative information and to improve Intuit products and services. We will obtain your prior consent if we use your identifying information for any other purpose not expressly permitted under these Terms. Please refer to our Privacy Statement for more information.
- Restrictions You agree to provide true, accurate and current information. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. You agree not to do any of the following: (i) violate any applicable local, state, national or international law, or any regulations having the force of law; (ii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (iii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Credit Score Services.
- Term, Cancellation and Refund Policy Intuit may terminate the Credit Score Services for any reason at any time. If you purchase another credit products via our website, please review any additional terms where applicable.
- Customer Support Customer support will vary depending on the Services. Please refer to the Services website for information. For questions regarding your credit score or credit report, please contact the Processing Agent directly at 1-866-373-7830. YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU MUST CONTACT THE CONSUMER REPORTING AGENCIES DIRECTLY IF YOU SUSPECT ANY FRAUD ACTIVITY.
Intuit Is Not a Credit Repair Company, Credit Reporting Agency, Broker Or Advisor
- You acknowledge that Intuit is not a credit repair company or similarly regulated organization under applicable laws, and does not provide credit repair services. Where available, information provided via the Services is for your educational and reference purpose only and is provided at no additional charge. The Services are intended to provide you with general information and is not intended to provide, legal, tax or financial advice. We do not provide any services to repair or improve your credit profile or credit score, nor do we provide any representation that the information we provide will actually repair or improve your profile. Consult the services of a competent licensed professional when you need any type of this assistance.
- You acknowledge that Intuit is not a "consumer reporting agency" as that term is defined in the Fair Credit Reporting Act as amended.
- Product Notices
- The credit scores provided under the Services use the Equifax Credit Score™, which is a proprietary credit model developed by our Processing Agent. The credit score is intended for your own educational use. It is also commercially available to third parties along with numerous other credit scores and models in the marketplace. Please keep in mind third parties are likely to use a different score when evaluating your creditworthiness. Third parties will take into consideration items other than your credit score or information found in your credit file, such as your income.
- Results from credit score calculator or simulator are provided for educational purposes only and are intended to show the impact that certain hypothetical actions could have on your credit score, assuming all other variables remain constant. The results are not a guarantee. Your actual score calculation may vary as information in your credit profile may change.
25. Bill Payment Services.
- Description of Bill Payment Services Intuit Payments Inc., a licensed money transmitter in required states, provides the bill payment service that allows you to make payments to bill payment providers. To be eligible to use the Bill Payment Services, you must be an individual resident of the United States (excluding its territories). You understand and acknowledge that our bill payment service is provided for individual consumer use only, and may not be used to make payments on behalf of a company, business/commercial enterprise, or another person. You further agree that you will only use the service to send bill payments on your own behalf and will not use the Bill Payment Services as an agent, guardian, conservator or guarantor for any other person or entity. In order to use the Bill Payment Services, you may need to provide us with your account information with service providers you choose (such as account passwords and usernames) and any information necessary for us to access your accounts with such service providers ("Bill Payment Account Information"). By using the Bill Payment Services, you expressly authorize Intuit Payments Inc. to access the Bill Payment Account Information, on your behalf and as your agent, solely for the purpose of providing the Bill Payment Services to you. Once you have added a service provider account, we will submit information, including usernames and passwords that you provide, to log you into the third party site (each, a "Third Party Site"). You hereby authorize and permit us to use and store your Bill Payment Account Information to accomplish the foregoing and to configure the Bill Payment Services so that they are compatible with the Third Party Sites for which you submit your Bill Payment Account Information. In some cases, we may display bills to you from your service providers who are also customers of Intuit’s other products or services.
- Description of Fees There may be charges for certain transactions and services when you elect to use the Bill Payment Services. You agree to pay any fees for the Bill Payment Services you use or subscribe to as described on the Sites.
- Payee Information; Authority By initiating a payment through the Bill Payment Services, you authorize Intuit Payments Inc. to charge the account that you designate as the account to which the bill payments should be charged or withdrawn from (the "Funding Account"). You agree to maintain a balance or available credit limit in the specified Funding Account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize Intuit Payments Inc. to charge the Funding Account for payments you initiate using the Bill Payment Services. You will indemnify and hold Intuit harmless from any claims by any third party, including any other owner of the account related to Intuit Payments Inc.’s access to the Funding Account.
You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email/physical address or telephone number of the recipient (the "Payee"), and the amount of the transaction.
You represent and warrant that Intuit Payments Inc. may send communication to the Payee on your behalf in connection with the Bill Payment Services. By using the Bill Payment Services, you represent and warrant that you and each person you identify have consented to receive ongoing communication, including text messages from us. Such communication may include messages, including text messages, to the recipient of the Bill Payment Services to receive money you had paid them using the Bill Payment Services. You agree to inform Intuit Payments Inc. if a person withdraws his consent to receiving text messages from you.
Intuit Payments Inc. does not charge a fee to send a text message when using the Bill Payment Services. However, any text messages sent and/or received are subject to standard text message rates depending on the recipient’s carrier and terms and conditions with the carrier. To stop receiving messages, reply STOP to any text messages you receive from us.
Limits On Payees, Payment Amounts And MethodsYou acknowledge that certain Payees may not accept payment from all types of funding sources and that we may otherwise limit the payment methods available for a particular Payee. Additionally, Intuit Payments Inc. may, at its discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Bill Payment Services.
Intuit Payments Inc. may refuse to permit payment to any Payee if we reasonably believe such refusal is necessary or advisable for legal or security reasons. If you fail to maintain a balance in the applicable Funding Account that is insufficient to fund any payment that you initiate, Intuit Payments Inc. may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. Intuit Payments Inc. also reserves the right to refuse to make any payment.
Intuit Payments Inc. reserves the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event your Funding Account is closed or otherwise unavailable to us. The payment methods through the Bill Payment Services may include, but are not limited to, electronic or paper check payments, your designated credit card, or payment via other form of funds transfer that Intuit Payments Inc. may choose to employ. Payments to Payees outside of the United States, including its territories, are prohibited through the Bill Payment Services. The Bill Payment Services does not support payment to all types of billers, including certain government agencies and bills such as tax payments and court-ordered payments.
Rejected or Returned Payments.
When you send a payment via the Bill Payment Services, the Payee is not required to accept it. You also understand that Payees, payment processors, or the mail/package delivery service providers may return payments to the Bill Payment Services for various reasons. These reasons can include, but are not limited to: the Payee’s forwarding address has expired; the Payee’s account number is not valid; the Payee is unable to locate the account; or your account with the Payee is paid in full. You agree that you will not hold Intuit liable for any damages resulting from a Payee not receiving payment made through the Bill Payment Services for any reason.
We use reasonable efforts to research and correct the returned payment and deliver it to your Payee. Payments outstanding after a reasonable time based on the method of payment may be automatically voided by Intuit Payments Inc. and the payment amount credited to your Funding Account. You are responsible for reconciling your Account(s) and reviewing the status of the payments. If we are unable to complete a payment for any reason, we may, in a method of our choosing and at our sole discretion, provide you with notice. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited or denied payments to your Funding Account, or use other reasonable efforts to return such payment to you as permitted by law.
Inability to Access Funds from Funding Account In using the Bill Payment Services, you are requesting Mint Bills to facilitate making payments from your Funding Account(s) to your Payee(s). If Bill Payment Service is unable to access funds from your specified Funding Account to complete a bill payment transaction you request for any reason (for example, non-sufficient funds, closed account, inability to locate account, or reversal by you and/or your bank), the transaction may not be completed. If Bill Payment Service is unable to access funds from your specified Funding Account for any reason, you agree that:
- you will reimburse Intuit Payments Inc. immediately, upon demand, the transaction amount to the extent that Intuit Payments Inc. sent a payment to the Payee on your behalf;
- you will reimburse Intuit Payments Inc. for any fees imposed on us as a result of the transaction;
- during the telephone call you make when you initiate payment for the Bill Payment Services you agree that Intuit Payments Inc. can rely on your verbal authorization for the payment method you select;
- you agree to give Intuit Payments Inc. permission to record the call should any dispute arise regarding the Intuit Payments Inc. Service; and
- you will reimburse the Bill Payment Services for any fees, including reasonable attorney fees, we incur in attempting to collect the amount of the transaction from you.
Additionally, you agree that Intuit Payments Inc. may: (a) reverse any corresponding credit or direct deposits issued to you; (b) reverse any payments Intuit Payments Inc. made to your Payee; (c) apply any money currently held by Intuit Payments Inc. to any amount owed to us; and (d) initiate electronic fund transfer from your account to collect any unpaid amounts and our fees.
Intuit Payments Inc. is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the Funding Account that is sufficient to fund all payments you initiate.
If Intuit Payments Inc. is not able to recover all amounts owed to us, we may report this information to third parties, including consumer reporting agencies and financial institutions. Intuit reserves all rights to pursue all available legal remedies to recover all owed amounts.
Your Liability You are solely liable for errors you make in using the Bill Payment Services, including the following:
- you direct Intuit Payments Inc. to submit a payment to a Payee from the wrong Funding Account;
- you erroneously direct Intuit Payments Inc. to submit a payment to a Payee multiple times;
- you direct Intuit Payments Inc. to submit the wrong amount to a Payee;
- you direct Intuit Payments Inc. to submit a payment to the wrong Payee; or
- you change your mind about making a payment to a Payee after directing Intuit Payments Inc. to submit the payment.
You are responsible for all fees, fines, penalties, and other liability incurred by Intuit, a Payee, you or a third party caused by or arising out of your breach of this Agreement and/or your use of the Bill Payment Services. You agree to reimburse Intuit, a Payee or the applicable third party for any and all such liability.
In the event that you are liable for any amounts owed to Intuit for a payment you authorized through the Bill Payment Services, Intuit Payments Inc. may immediately remove such amounts from or charge such amounts to your applicable Funding Account. If the applicable Funding Account does not have funds or available credit sufficient to cover your liability, you will be required to immediately add funds to the Funding Account or otherwise provide payment to Intuit through other means. If you do not do so, Intuit may engage in collection efforts to recover such amounts from you.
Intuit does not have control of, or liability for, the products or services that are paid for via the Bill Payment Services.
- As permitted, you may cancel, edit, or stop a payment prior to the pay date by following the directions within the help section of the Bill Payment Service. Our ability to stop a payment request will depend on the manner in which the payment was initiated, the method of payment, and whether or not the Payee has begun processing payment. Although we will make a reasonable effort to accommodate a stop payment request, we will have no liability for failing to do so unless there is an exception provided elsewhere in this Agreement. We may also require you to present your stop payment request in writing after contacting customer care. The charge for each stop payment will be the current charge for such stop payment and fund recovery service as set out in any applicable fee schedule or as disclosed through the site.
- Delays, Unauthorized Transactions, or Errors
Payment Processing Delays and Protection for Late Fees. You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Intuit Payments Inc.' control, such as delays in handling and posting payments by Payees or financial institutions or errors with account information or funding instructions.
When you send a payment to certain Payees, the payment may be treated as an authorization to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending until the Payee processes your payment and your payment authorization will remain valid for up to 30 days.
To help ensure that there is enough time for the applicable Payee to receive any payments you submit through the Bill Payment Services, you should submit payment instructions prior to the due date. Before completing the transaction, you will be provided with an estimated delivery date for the bill payment. It is solely your responsibility to submit payments so they arrive by the Payee's due date.
Subject to the other provisions of this Agreement, Intuit Payments Inc. will bear responsibility for any satisfactorily documented late payment related charges up to a reasonable amount, not to exceed $50.00 in the event a payment posts after its due date provided that (i) the payment was submitted by you for payment in accordance with the guidelines specified in this Section and (ii) the Bill Payment Services issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed in this section or below under "Protection for Intuit Payments Inc. Errors." THIS IS INTUIT’S ONLY OBLIGATION TO YOU FOR ANY PAYMENT ERRORS, DELAYS, OR FAILURE. IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
Errors or other Issues Regarding Payments. It is your responsibility to review all payment transactions initiated in the Bill Payment Services against account statements you receive from your bank or other financial institution. Your payment transaction information is included in the receipts we provide you. ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE BILL PAYMENT SERVICES MUST BE DIRECTED TO INTUIT PAYMENTS INC., AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for our Bill Payment Services and for resolving any errors we caused.
We may not send you a periodic statement listing transactions that you make using the Bill Payment Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS FROM OUR BILL PAYMENT SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION.
IF YOUR CREDENTIALS TO ACCESS THE BILL PAYMENT SERVICES OR YOUR MOBILE DEVICE ARE LOST OR STOLEN, NOTIFY US AT ONCE USING THE CONTACT METHODS SPECIFIED IN SECTION 6 OF ARTICLE I (GENERAL TERMS) ABOVE.
Protection for Intuit Payments Inc. Errors. Intuit Payments Inc. will use commercially reasonable efforts to facilitate the payment of your bills in accordance with this Agreement. However, Intuit will not be liable, for instance:
- if, through no fault of ours, you do not have enough money in your Funding Account to make the transfer;
- the payment is rejected, returned, mishandled, or delayed by the Payee for any reason;
- you have provided Intuit Payments Inc. with incorrect information about the Payee;
- the Funding Account you specify as the payment source is closed or the charge is rejected or returned by your bank or financial institution;
- due to any pre-announced unavailability of the Bill Payment Services;
- due to fraud or attacks on our systems, service or the Bill Payment Services;
- due to third party service providers; or
- due to circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays, or any failure by your computer, software, or Internet connection).
- Unauthorized Transactions. If you have experienced a billing error or unauthorized transaction related to bill payment services, please see the Mint Unauthorized Transaction and Error Resolution Policy at INSERT LINK. For unauthorized transfers and errors with respect to your credit card or debit card that are not related to the Bill Payment Services, please see your applicable card holder agreement.
- Payment Processing Delays and Protection for Late Fees. You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Intuit Payments Inc.' control, such as delays in handling and posting payments by Payees or financial institutions or errors with account information or funding instructions.
- Risk Monitoring; Unusual or Suspicious Transactions In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Bill Payment Services. If Intuit Payments Inc. believes there is suspicious or unusual activity, Intuit Payments Inc. may temporarily suspend your access to Bill Payment Services. Suspicious or unusual activity includes, but is not limited to, changes in your average transaction amount or processing pattern or use of different payment accounts. Intuit Payments Inc. may require additional documentation to promptly reinstate your access to the Bill Payment Services.
- Termination Intuit Payments Inc. may terminate or suspend your access to the Bill Payment Services at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement. In the event you or Intuit Payments Inc. terminates your account, any payment(s) Intuit Payments Inc. has already processed before the requested termination date may be completed. You should verify payment directly with your intended Payee. Intuit Payments Inc. is not responsible for any payments not completed by us as a result of termination.
26. Apple Requirements.
If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Software and the content thereof.
- Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
- Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
- Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2700 Coast Ave, Mountain View, CA 94043 or https://www.mint.com/help/
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.