PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

Last Updated: August 19, 2005

Site Usage & Terms Acceptance

Welcome to Paciolan.com. You can visit Paciolan's Web site (this “Site”) to read product information, use our online tools (e.g., venue locator, collateral downloads, etcetera) and access Paciolan Support Online, our innovative online product support service.

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. 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. For example, Paciolan Support Online is subject to the additional Terms of Use. By accessing and using those features and services, you are agreeing to be legally bound by the terms and conditions, rules and policies applicable thereto.

Registration

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. 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 below, which describes how we collect and use your personal information.

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.

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.

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, 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.

Feedback and Other Submissions. All 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.

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. 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.