Legal

Brainstorm Website Terms of Use

Welcome to the Intuit Inc. (collectively referred to as "Intuit", "we", "us" or "our") Brainstorm Internet Site (the "Service"). These Terms of Use and any web pages that display a direct link to these Terms of Use (collectively the "Site"), provide information and services to you and are available to all individuals and entities (collectively "Users").

General

You acknowledge that the Terms of Use together with Intuit Brainstorm's Privacy Policy (collectively the "Terms"), govern your use of the Site. You may access our Privacy Policy by clicking on the Privacy link on the Site. Your access to the Site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms, so before using the Site, please carefully read these Terms. If you do not agree to these terms and conditions, please do not use or contribute Postings to the Site.

Intuit reserves the right, in its sole discretion, to modify the Terms at any time effective upon posting of the modified Terms on the Site, without notice to you. 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. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. "Postings" means, but is not limited to, any text, links, images, content, 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, audio and/or podcasts, video blogs, news groups, personal web pages, wiki pages and/or other message or communication facilities designed to enable you to communicate with others.

Intuit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Intuit will not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

As described below, Users who violate the Terms may be banned permanently from posting or otherwise participating within or accessing the Site.

Your Privacy and Personal Information

You can view Intuit's Privacy Statement on the Intuit website, or via a link on the Site. You agree to be bound by the applicable Intuit Brainstorm Privacy Policy, subject to change in accordance with its terms. Most importantly, you agree:

  • To Intuit maintaining your data according to the Intuit Brainstorm Privacy Policy, as part of your use of the Site.
  • To give Intuit permission to aggregate your non-personally identifiable data which you enter or upload with that of other Users of the Site. By way of example, this means that Intuit may use that aggregated usage data, such as the number of registered Users active within the product at any time, the number of page views, etc., to improve services, design promotions, or provide ways for you to compare business practices with other Users.

Intuit is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by the European Union Data Protection Authorities. When you agree to these Terms of Use, you agree to this practice.

Communication Choices

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You are responsible for providing, at your expense, any access to the Internet and any required equipment.

Intuit may be required by law to send you communications about the Intuit Site, services, or products. You agree that Intuit may send these communications to you via email, by posting them on the Site or on one of Intuit's sponsored websites. Intuit may also send business communications such as confirmations or notices that will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing. Please review the Privacy Policy or follow instructions on the communication.

From time to time we may communicate with you personally concerning your participation on 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.

Terms of Use

Personal Use

Intuit grants you permission to access and use the Site for your personal, non-commercial use. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Intuit. 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, transfer, sell or otherwise exploit any of the content, software, products or services on the Site for any commercial purpose.

Registration

In order to submit Postings or set personal preferences for use on the Site, you must complete the registration process. As part of the registration process, you are required to select and use a ‘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; (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, yourproduct, yourservices); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, or any Intuit employee, Officer or Director.

Personal Information.

You are entirely responsible for maintaining the confidentiality of your username and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Intuit immediately of any unauthorized use of your account or any other breach of security. Intuit will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Intuit or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.

Your registration information will remain confidential and be used in accordance with Intuit Brainstorm's Privacy Policy. Additional information provided in your registration may be used by the Site to provide you with content unique and personalized to you and other registered Users with similar profiles.

You must maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. If, after investigation, Intuit has reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, Intuit may suspend or terminate that registered User's account and prohibit any and all current or future use of the Site (or any portion thereof) by that registered User other than as expressly provided herein.

For more information regarding our Privacy Policy, please click on the Privacy link on the Site.

Keeping Personal Information Private.

Always use caution when giving out any personally identifiable information about yourself or your children in any Postings. Any Postings that you place on the Site can be obtained and used by others. Intuit does not control or endorse the content, messages or information found in any Postings on the Site. Intuit specifically disclaims any responsibility or liability with regard to the Postings and any actions resulting from your participation in any Postings on the Site.

You may not submit Postings that contain personally identifiable information about you or other people, such as phone numbers, street addresses or email addresses, or information about yourself or other people that could result in an invasion of privacy or harassment.

Intuit reserves the right, in its sole discretion, to edit or remove any Postings on the Site containing phone numbers, street or email 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.

Content and Registered User Generated Content Management

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 by sending an email to the email address identified on the home page of the Site.

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 these Terms of Use. 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. Clicking on links to such sites is done at the User's own risk. 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.

By placing Postings on the Site, you warrant and represent that you own or otherwise control all of the rights to your Postings as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Posting.

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.

Community Forums

The Site may include a community forum to exchange information with other users of the Site and the public. If you participate in the community forum you agree to comply with the Intuit online community terms of use.

Feedback

Intuit may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.

Site Participant Conduct.

Profanity, Harassment; Unlawful or Prohibited Use; and Other Inappropriate Conduct.

The Site welcomes all points of view on innovation, business and practices. Please respect and interact with other registered Users as you would in any public arena. If you wish to take issue with the statements of other registered Users, please engage in healthy, mature debate and not immature behavior or name-calling. We want to maintain an inviting and friendly environment for all Site visitors and participants. Disruptive conduct, such as off-topic comments in a topic-oriented discussion, is not allowed. Neither is "spam" (Postings made in multiple places throughout the Site).

You agree that you will not submit Postings that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory. We do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.

Intuit does not allow the promotion of illegal activities or fraudulent schemes in the Site. Specifically, you may not advocate illegal conduct, such as money laundering, tax evasion, pyramid schemes, etc. Furthermore, you agree to not engage in any illegal activity in connection with your Postings or post links to other web sites that deal with such illegal activities. You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. You agree not to use the Site for any purpose that is prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any Intuit server, or the network(s) connected to any Intuit server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Intuit server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Promotions and Solicitations

You agree that, except with Intuit's prior consent, you will not (either in your Postings or in your profile) solicit or promote any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain, except for links to the Intuit-approved marketplace, if any. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method. You agree to not gather public email addresses made public in the registered User profiles and use for your own purpose. You agree not to promote, link to, or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site. You agree that you will not use the Site to solicit or promote surveys, contests, chain letters, junk email, or any duplicative or unsolicited messages (commercial or otherwise).

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 Intuit or 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.

Trademark & Copyright Legal Notices

Trademark Information

Intuit, the Intuit logo, Quicken, QuickBooks, TurboTax, Lacerte, ProSeries, QuickBase, and Intuit Brainstorm, among others, are registered trademarks and/or registered service marks of Intuit Inc., or one of its subsidiaries, in the United States and other countries. For more information on Intuit's trademarks, please see our Trademark Information and Restrictions page.

Copyright Information

Intuit's products, services, Web content and related materials (collectively, "Offerings") are owned by Intuit and/or its licensors, and all rights in such Offerings are reserved by Intuit and/or its licensors. For information regarding permission to use screen displays and other content, please see Intuit's Permissions Policy.

Intuit's Anti-Piracy Information resource provides basic information on software piracy and its negative effects on businesses and consumers, including the risks associated with purchasing or using counterfeit CD media. This resource also includes information on how to check certain products for authenticity and how to report piracy directly to Intuit.

Notice of Infringement

If you believe that your copyright has been infringed via the Intuit site, you may notify Intuit's Designated Copyright Agent. All notices must comply with the requirements of the U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will be returned unprocessed. No other notices or inquiries of any type, including requests for information, purchase or technical support questions, notices of infringement of third party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.

Designated Agent and Address of Agent:

Attn: Legal Department – Copyright Agent
Intuit Inc.
2632 Marine Way, MS2700
Mountain View, CA 94039
Telephone: 650-944-6000
Fax: 650-944-5656
Email: copyright@intuit.com

Intuit Services

You may be offered services, features, products, applications, online communities, or promotions provided by Intuit ("Intuit Services"). If you decide to use any of these Intuit product or services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Intuit permission to use information you provide and information about your experience so that we can provide the Intuit Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Intuit permission to combine the data you have entered or uploaded 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 such research data and to distribute or license such data to third parties.

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 of Use. If you violate any of these Terms, your permission to use the Site automatically terminates.

Termination of Participation

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 SITE IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH INTUIT. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT INTUIT DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY 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 RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. SUCH CONTENT OF THIRD PARTIES ARE THE OPINIONS OF SUCH THIRD PARTY AUTHORS AND YOU AGREE THAT SUCH OPINIONS ARE NOT THE OPINIONS OF INTUIT.

THE CONTENT ON THE SITE IS "AS IS" AND CARRIES NO WARRANTIES. INTUIT AND ITS AFFILIATES AND REPRESENTATIVES DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. INTUIT AND ITS REPRESENTATIVES AND AFFILIATES DO NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT AND YOUR USE OF THE SITE. INTUIT IS NOT 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS REPRESENTATIVES AND AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDNG ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS REPRESENTATIVES AND AFFILIATES 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 the applicable Intuit Brainstorm Privacy Policy, 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 the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms 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 Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Intuit may have under trade secret, copyright, patent or other laws. Intuit reserves the right at all times to disclose any information as Intuit deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Intuit's sole discretion. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.