PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
WEB SITE.
Last Updated: September 22, 2005
Site Usage & Terms Acceptance
Welcome to community.paciolan.com. You can visit Paciolan's
Community Portal site (this “Site”) to, among
other things, read product information, use our online tools
(e.g., venue locator, collateral downloads, virtual training
modules, etc.) and access Paciolan Support Online, our innovative
online product support service, and our Community Forum discussion
boards.
All use of this Site is subject to the following terms and
conditions (“Terms”). By using this Site, you
are agreeing to be bound by these Terms. Furthermore, you
represent and warrant that you are at least 18 years of age
and that you possess the legal right to use this Site in accordance
with these Terms. We reserve the right to change these Terms
and our policies at any time in our sole discretion. Such
changes shall become effective immediately upon the posting
thereof. Your continued use of this Site following the posting
of such changes will mean that you accept such changes and
agree to be bound thereby. We encourage you to visit this
page regularly to review the then-current Terms to which you
will be bound. If you do not agree with these Terms, including
any changes, you may not use this Site.
Certain features and services made available through this
Site from time to time may be governed by additional or separate
terms and conditions, rules or policies. In addition, use
of Paciolan’s Community Portal is subject to our Community
Forum Usage Guidelines. By accessing and using those features
and services, you are agreeing to be legally bound by the
additional terms and conditions, rules and policies applicable
thereto.
Registration
In order to access the Paciolan Community Portal, you must
be a current Paciolan client with a valid support contract
in force between your organization and Paciolan.
We may require you to have a unique user ID/password combination
in order to use certain features and functions of this Site,
including Paciolan Support Online and our Community Portal.
Your user ID and password are personal to you, and you may
not allow any others to use your user ID or password under
any circumstances. You are solely responsible for maintaining
the strict confidentiality of your user ID and password and
for any charges, costs, expenses, damages, liabilities and
losses we incur or may suffer as a result of your failure
to do so. You are solely responsible and liable for any use
of this Site or any other activity or conduct in connection
with this Site by any others who use your user ID or password,
unless and until you notify us that your user ID or password
may have been compromised, misappropriated or improperly taken
or used by another party. You agree to immediately notify
us if you become aware of or believe there is or may have
been any unauthorized use of your user ID or password or any
other need to deactivate your user ID or password due to security
concerns.
During registration (and possibly at certain other times
to enable your use of other features or functions or for security
purposes), you will be required to provide us with certain
information about you in order for us to allow you to complete
the registration process and to use certain features and functions
of this Site. It is your responsibility to give us current,
complete, truthful and accurate information and to keep the
information that you provide to us up to date. We cannot and
will not be responsible for any problems or liability that
may arise if you do not give us accurate, truthful or complete
information or you fail to update the information you give
us. Please read our Privacy
Policy, which describes how we collect and use your personal
information.
You may deactivate your registration (if any) on this Site,
at any time and for any reason, by contacting Paciolan customer
support at 1 (888) 774-4778 or emailing: pso@paciolan.com.
We may terminate your use of and registration on this Site,
at any time and for any reason, with or without cause, without
prior notice to you and without any liability or further obligation
of any kind whatsoever to you or any other party.
External Site Links
For your convenience, this Site may provide hyperlinks to
Web sites and servers maintained by third parties. This includes,
among others, links from the Venue Locator and client lists.
Paciolan does not control, evaluate, endorse or guarantee
content found in such other Web sites. Paciolan does not assume
any responsibility or liability for the actions, products,
services or content of such other Web sites or the parties
that operate them. You should carefully review their privacy
statements and other conditions of use. Your use of such other
Web sites is entirely at your own risk.
Content Copyright
Unless otherwise stated, this Site and its contents including,
but not limited to, all text, images, audio, video, HTML &
ASP code, buttons and other materials contained herein, and
their compilation and arrangement are the property of Paciolan
and are protected by United States and international copyright
laws. All trademarks used or referred to in this Site are
the property of their respective owners.
Nothing contained in this site shall be construed as conferring
by implication or otherwise, any license or right to any copyright,
patent, trademark or other proprietary interest of Paciolan
or any third party. Neither this Site nor any of its contents
may be copied, reproduced, republished, uploaded, posted,
transmitted, framed or distributed in any way, without the
prior written consent of Paciolan, except that you may download,
display, and print one copy of the materials on any single
computer solely for your personal, non-commercial use, and
further provided that you do not modify the material in any
way and you keep intact all copyright, trademark and other
proprietary notices. You may not modify, alter, reverse engineer
or prepare derivative works from this Site or any portion
hereof without the prior written consent of Paciolan. Use
of data mining, robots and similar data gathering and extraction
tools is expressly prohibited. Any rights not expressly granted
herein are reserved.
Copyright Complaints
Paciolan respects the intellectual property of others. If
you believe your work has been copied and posted to this Site
in a way that constitutes copyright infringement, please furnish
the written information specified below to Paciolan’s
designated copyright agent:
- An electronic or physical signature of the owner or of
the person authorized to act on behalf of the owner of the
copyright interest;
- A description of the copyrighted work (or works) that
you claim has been infringed, and the location where the
original or an authorized copy of the copyrighted work exists
(for example, the URL of the page of the Web site where
it is lawfully posted; the name, edition and pages of a
book from which an excerpt was copied; etc.);
- A clear description of where the infringing material
is located on this Site (including, as applicable, its URL)
so that Paciolan can locate the infringing material;
- Your address, telephone number and, if available, e-mail
address;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Paciolan’s copyright agent for notice of claims of
copyright infringement on this Site can be reached as follows:
Paciolan, Inc.
17305 Von Karman Avenue
Irvine, CA 92614
Facsimile: (949) 476-2235
E-mail: legal@paciolan.com
Attention: Copyright Infringement Agent
Please do not send any inquiries unrelated to claims of copyright
infringement (e.g., requests for technical assistance or customer
service) to the contact listed above. You will not receive
a response if sent to this contact address.
Trademark Notice
All trademarks displayed on this site are subject to the U.S.
trademark rights of Paciolan Systems, Inc. (commonly referred
to as Paciolan) or are used under agreement in the U.S. by
Paciolan Systems, Inc. These trademarks include, but are not
limited to, product brand names (such as a.GL, a.AP, a.AR,
a.PO, e.Report, e.Venue, p.ODBC, t.Credit, t.Fund, t.Gen,
t.Member, t.Res, t.Support, SG, TR, TX, TX2); slogans (such
as Your Tickets, Your Way and PACnet); logos and emblems.
The unauthorized use of any trademark displayed on this site
is strictly prohibited.
No Rendering of Advice
The information contained in or made available through this
Site is provided for informational purposes only and should
not be construed as rendering consulting, design or other
professional advice of any kind. Your use of this Site does
not give rise to a customer, advisory, fiduciary or professional
services relationship between you and Paciolan.
Accuracy of Information
While we use reasonable efforts to furnish accurate and up-to-date
information, Paciolan does not warrant that any information
contained in or made available through this Site is accurate,
complete, reliable, current or error-free. Paciolan assumes
no liability or responsibility for any errors or omissions
in the content of this Site or such other materials or communications.
Without limiting the foregoing, you understand and agree that
Paciolan has not independently verified or authenticated,
and that Paciolan does not warrant or guarantee the accuracy,
completeness, reliability, timeliness, usefulness, non-infringement
on intellectual property rights or quality of, any User Content
(as defined below) on this Site. Any opinions, advice, statements,
services, offers, or other information or content expressed
or made available as part of such User Content are those of
the respective users and not of Paciolan. It is your responsibility
to evaluate the accuracy, completeness, reliability, timeliness
and/or usefulness of any information, opinion, advice or other
content available through this Site.
As-Is Warranty Disclaimer and Limitations of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS"
AND “AS AVAILABLE”, AND PACIOLAN MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE,
MATERIALS, PRODUCT OR SERVICE ACCESSIBLE THROUGH THIS SITE.
PACIOLAN EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PACIOLAN DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED
OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
IN NO EVENT WILL PACIOLAN BE LIABLE TO ANY PARTY FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS
SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE OR ANY
SITE SURVEY LINKED TO, OR ANY COPYING, DISPLAYING OR USE THEREOF,
INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGE TO GOODWILL,
BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA), EVEN IF
IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION SHALL APPLY WITHOUT REGARD TO THE FORM
OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Operating and Acceptable Use Policies
All access to and use of the features available on this Site,
including our Community Portal, is governed by and subject
to the following operating and acceptable use policies, as
well as our Community
Forum Usage Guidelines (which may be revised by Paciolan
from time to time). By using this Site, you agree to abide
by our Community
Forum Usage Guidelines and not to do any of the following:
- Upload to, distribute or otherwise publish through this
Site any message, data, information, text or other material
("User Content") that is unlawful, libelous, defamatory,
disparaging, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise injurious to third parties;
- Use racially, ethnically or otherwise offensive language;
- Upload or transmit any User Content that would constitute
or encourage a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate
any local, state, national or international law;
- Upload or transmit any User Content that may infringe
any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. Infringement
may result from the unauthorized copying and posting or
distributing pictures, logos, software, articles, audio/video
clips or other third party materials. By posting any User
Content, you represent and warrant that you have the lawful
right to distribute and reproduce such User Content;
- Impersonate any person or entity (including any Paciolan
representative) or otherwise misrepresent your affiliation
with a person or entity. Unless you are participating in
an area of this Site that requires or allows anonymity,
you must use your real name in any online communications;
- Solicit another user's password or other account information,
or harvest user IDs or e-mail addresses for any purpose;
- In any way interfere with other users of this Site;
- Upload to, distribute or otherwise publish through this
Site any User Content such as charity requests, petitions
for signatures, chain letters or letters relating to pyramid
schemes, advertising or solicitations for funds, political
campaigning, mass mailings, any form of unsolicited commercial
e-mail or "spam," or offering or disseminating
fraudulent goods, services, schemes or promotions;
- Without Paciolan’s prior written permission, publish
or upload any unsolicited promotions, goods or services,
or post or transmit any advertising, promotional materials
or any other solicitation of other users of this Site for
goods or services, except in those areas (e.g., a classified
bulletin board) that are designated for such purpose;
- Post or list articles which are off-topic according to
the description of the group or list or send unsolicited
mass e-mails to ten (10) people or more if such e-mail could
reasonably be expected to provoke complaints from its recipients;
and/or
- Disseminating or hosting harmful content, including without
limitation viruses, Trojan horses, worms, time bombs, zombies,
cancelbots or any other computer programming routines that
may damage, interfere with, surreptitiously intercept or
expropriate any system, program, data or personal information.
Paciolan is not a publisher of, nor does Paciolan generally
monitor, any User Content on this Site. Notwithstanding the
foregoing, Paciolan reserves the right, but does not assume
the obligation, to block, remove, screen or edit any User
Content that Paciolan believes in its sole discretion may
violate applicable law, these Terms or a third party’s
rights or that is otherwise inappropriate for this Site. You
acknowledge that Paciolan will report to law enforcement authorities
any actions that may be considered illegal, as well as any
reports it receives of such conduct. When requested, Paciolan
will cooperate fully with law enforcement agencies in any
investigation of alleged illegal activity on the Internet.
Paciolan takes no responsibility and assumes no liability
for any User Content posted or uploaded by you or any third
party, or for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter.
As the provider of this Site, Paciolan is only a forum and
is not liable for any statements, representations or other
User Content furnished by its users in any forum. You shall
remain solely liable for the User Content you upload or transmit
to this Site. You agree to indemnify and hold harmless Paciolan
from any claim, action, demand, loss or damages (including
attorneys' fees) made or incurred by Paciolan or any third
party arising out of or relating to your conduct, your violation
of these Terms or your violation of any rights of a third
party.
Feedback and Other Submissions
All User Content, comments, feedback, suggestions, ideas and
similar submissions furnished to Paciolan in connection with
your use of this Site shall be deemed assigned to and shall
remain the property of Paciolan. No such submissions shall
be subject to any obligation of confidence on the part of
Paciolan, and Paciolan shall be entitled to unrestricted use
and disclosure of such submissions throughout the world for
any purpose whatsoever, commercial or otherwise, without any
obligation to compensate you for such use or disclosure. You
represent that you have the lawful right to furnish such submissions
to Paciolan and agree that you will not submit any information
unless you are legally entitled to do so.
Termination or Suspension of Access; Modifications
to Site
Paciolan reserves the right to terminate, suspend or otherwise
restrict your access to this Site, or any portion hereof,
with or without notice at any time for any reason whatsoever
including, but not limited to, your violation of these Terms
or any inappropriate or unlawful behavior on your part. In
addition, Paciolan reserves the right to modify or discontinue
this Site or any portion hereof at any time with or without
notice. Paciolan shall not be liable to you or any third party
for any such termination, suspension, restriction, modification
or discontinuance. In addition, if for any reason you terminate
your Paciolan customer support contract, your registration
will be deactivated.
Jurisdiction
Paciolan maintains this site in California, U.S.A. This Site
is intended exclusively for residents of the U.S.A. Paciolan
makes no representations this Site is appropriate for use
in other locations. Those who choose to access this Site from
other locations do so at their own risk and are responsible
for compliance with any and all local laws, as applicable,
including but not limited to all applicable export and import
laws. You agree that these Terms and any legal action or proceeding
relating to this Site shall be governed by the laws of the
State of California without reference to its choice of law
rules. If you attempt to bring any legal proceedings against
Paciolan you specifically acknowledge that Paciolan is free
to choose the jurisdiction of our preference as to where such
action against us may be held. As you have agreed by using
this Site to choose the laws of the State of California to
govern any such proceedings, we will probably choose to defend
any such action in California and we can make this decision
entirely as it suits us, without regard to where in the world
you are located or from where in the world you visited this
Site.
Privacy Policy
Certain information we may collect about you is subject to
our Privacy Policy.
Please review our Privacy
Policy, which is incorporated herein by reference, for
disclosures relating to our collection and use of such information.
Electronic Communications
When you visit this 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
communications be in writing.
Miscellaneous
These Terms contain the entire understanding and supersede
all prior understandings of the parties hereto relating to
the subject matter hereof, and cannot be changed or terminated
orally. If there is a determination that any provision of
these Terms is invalid or unenforceable under applicable law,
that determination will not affect the rest of these Terms,
and these Terms shall be deemed amended to the minimum extent
necessary to make them valid and enforceable. The failure
of Paciolan to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right
or provision. Regardless of any statute or law to the contrary,
any claim or cause of action against Paciolan arising out
of or related to use of this Site or under these Terms must
be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in these
Terms are for convenience only and have no legal or contractual
effect.
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