| Quicken Rental Property Manager Support Plan Terms and Conditions |
| By using this service, you are agreeing to the Terms and Conditions of the Quicken Rental Property Manager Support Plan ("Plan"). If you do not agree to these Terms and Conditions, please return the product within 60 days of purchase for a full refund or do not use this service. |
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General Policies Product must have been purchased from Intuit or an authorized reseller, and customer may be required to register the product and provide proof of purchase date. During the term of the Plan, members ("you" or "Plan member") will receive support for unlimited telephone, email, chat, or other online incidents, as determined by Intuit. Intuit reserves the right to limit the duration of each telephone call and to limit each contact (telephone or electronic) to one incident, as defined below. Intuit may also limit or terminate support service to a Plan member who uses the service in an unreasonable, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability for this Plan or future plan periods are subject to change at any time without notice. Coverage is non-transferable and is valid for the individual only. The resale or other transfer of any Plan membership rights is strictly prohibited, and will be and will be grounds for termination or non-renewal of membership. This Plan is not available to any parties using Quicken Technical Support on behalf of clients. |
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Definition of an Incident For purposes of these terms and conditions, an "incident" means (a) a single issue or problem that a member asks a support representative to analyze or resolve, (b) a product-usage question that involves a single topic on a dropdown menu or one Quicken report. The technical support representative will determine how many incidents will be handled during the course of the telephone or electronic contact. |
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Support Availability Support is limited to 12 months from the date of purchase. Support availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control. Use of the toll-free support number is available to Plan members within the United States. Plan members in Canada and U.S. protectorates may also have access to the toll-free phone number, but toll-free availability is not guaranteed. Plan members located outside the U.S. may choose electronic support methods for support. Intuit is not responsible for long-distance telephone charges incurred in connection with the use of the Plan. |
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Support Topic Limitations Support is limited to the following product areas: installation, upgrade assistance, password removal, data recovery, and basic functionality, as described in the product documentation. Intuit shall not be responsible for connectivity issues caused by third-party services, service providers, hardware or software. The Plan does not cover inquiries on accounting practices, nor does it include application consulting or training. |
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Supported Products Support is available to users of Quicken Rental Property software only. Support availability for a particular version of Quicken is subject to change at any time without notice. |
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Renewal Policy During the term of the Plan, members will receive support for an unlimited number of incidents. If a member exceeds reasonable use of the Plan, Intuit may, in its sole discretion, choose not to renew a member's Plan after it has expired. If Intuit chooses not to renew a Plan on the basis of excessive usage, such determination shall not be deemed to preclude customer support from Intuit on a pay-as-you-go basis or in accordance with a limited-incident plan. |
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Limitation of Liability and Damages INTUIT'S MAXIMUM LIABILITY, AND THE MEMBER'S SOLE REMEDY, FOR ANY CLAIM ARISING IN ACCORDANCE WITH THE PLAN WILL BE THE REFUND OF AN AMOUNT NOT EXCEEDING THE PLAN FEE PAID BY THE MEMBER FOR THE 12-MONTH PERIOD DURING WHICH THE CLAIM AROSE. IN NO EVENT SHALL INTUIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES AND INFORMATION PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTUIT IS NOT RESPONSIBLE FOR LONG- DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE PLAN. |
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Disclaimer of Warranties PLAN SUPPORT SERVICES ARE PROVIDED "AS IS." INTUIT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE FIRST DATE OF SERVICE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
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Governing Law These terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Plan member agrees that any action arising out of or relating to the service provided by Intuit will be filed and maintained only in the state or federal courts located in San Francisco, California, and Plan member hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Intuit and the Plan member relating to the subject matter of these terms, and may not be modified except in a writing signed by both the Plan member and an authorized representative of Intuit. |
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Privacy Statement Your use of the Plan is subject to Intuit's privacy policies, as may be amended from time to time, as set forth in the Quicken Rental Property Manager Privacy Statement at http://www.quicken.com/cgi-bin/qd.cgi/rental/v1/privacy. By registering for this plan, you consent to the use of your personally identifiable information in accordance with such privacy statement. © 2005 Intuit Inc. All rights reserved. Intuit and Quicken are registered trademarks of Intuit Inc. Revised as of 02-01-05. |