Terms of Use

Please Read These Terms And Conditions Carefully Before Using This Web Site.

Site Usage & Terms Acceptance

Welcome to Paciolan. You can visit Paciolan's 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.

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. 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

We may require you to have a unique user ID/password combination in order to use certain features and functions of this Site, such as the 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, 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 at (888) 774-4778. 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 & 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
• 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

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 Paciolan Platform, eVenue, tFund, tRes, etc.); slogans; 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 Paciolan Support Online, is governed by and subject to the following operating and acceptable use policies. By using this Site, you agree to abide by our 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.