The QuickBooksMall.com website (the "Website") is an online information, communication, advertising and sales service provided by WebVenture Associates, Inc. ("WV"). Your access and use of the Website is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be legally bound by the terms and conditions set forth below. You may not access or use the Website should you not want to be bound by these terms and conditions. This Agreement may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement. By your access and use of the Website you agree to periodically review this Agreement and shall be conclusively bound by any such future modifications. General Terms and Conditions In no way is the user of this web site to understand QuickBooksMall.com to be the developer or an authorized reseller of any of the products mentioned on this web site. By accessing any areas of the QuickBooksMall.com site ("Site"), users ("Users" or "you") agree to be legally bound and to abide by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Copyright Notice The User acknowledges that the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, designs, icons and written and other material (collectively, "Content") on this Site are copyrighted works of QuickBooksMall.com and/or various third party content providers ("Providers") including accounting software developers and their resellers. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Trademark Notice The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any other company should not be construed by the User as an endorsement or sponsorship of this Site by any such company. Acceptable Use You may only use this Site to make legitimate Requests and shall not use this Site to make any speculative, false or fraudulent Requests. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. It is a violation of law to place Requests in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique internet address to us which can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Policies of Operation The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to forums, discussion groups, chat groups, bulletin boards and any other interactive area of the Website. Use of, access to, or participation in any of these or any other interactive areas of the Website constitutes acceptance of these legal terms and conditions. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by WV. WV cannot and does not screen all content provided by users of the Website. Notwithstanding the foregoing, WV reserves the right to monitor content on the Website and to remove content which WV in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these policies of operation. In order to maintain an informative and valuable service that meets the needs of the users of the Website and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: While using the Website you may not: (I) post or transmit any message anonymously or under a false name; (II) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. It is not WV's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views or opinions; WV does, however, reserve the right to take such action as it deems appropriate in instances where the Website is used to disseminate statements which are deeply and widely offensive and/or harmful in nature; (III) post or transmit any message which discloses private or personal matters concerning any person; (IV) post or transmit any information, file or software that contains a virus, cancelbolt, worm, Trojan Horse or any other contaminating or destructive features; (V) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (VI) interfere, in any way, with other users of the Website; (VII) post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. (VIII) post , list or transmit articles, which are off topic according to the description of the group affected. No Product Warranties All products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any request for accounting software, (ii) that a User will receive the lowest available price for accounting software, (iii) that use of this Site will be error free, (iv) regarding the results that may be obtained from the use of this Site, or (v) regarding the accuracy, reliability or quality of any information content, service, advice or merchandise provided or available through this Site including, without limitation, the manufacturer's suggested retail price ("MSRP"). User expressly agrees that the use of this Site is at User's sole risk. User understands that, except for information, products or services clearly identified as being supplied by WV, WV does not operate, control or endorse any information, products or services on this Website in any way. Except for WV identified information, products or services, all information, products and services offered on the Website generally are offered by third parties that are not affiliated with WV. You also understand that WV cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY SERVICES CONTAINED THEREIN. THIS WEBSITE IS PROVIDED ON AN " AS IS " BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. WV ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEBSITE OR ANY OTHER WEBSITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEBSITE. REFERENCES TO TRADESHOWS, CORPORATIONS, THEIR SERVICES OR PRODUCTS ARE PROVIDED "AS IS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL WV BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF THIS INFORMATION. THE INFORMATION INCLUDED IN THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN; THESE AMENDMENTS WILL BE INCORPORATED INTO THE WEBSITE. WV MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE WEBSITE AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULLNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE. WV DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines or practices of WV in operating the Website your sole remedy is to discontinue using the Website. Links to 3rd Party Sites The links in the Website will allow other sites to be accessed. These linked sites are not under the control of WV, and WV is not responsible for the contents of any linked site. WV provides links only as a convenience, and such inclusion of any link does not imply endorsement by WV of the site. General Limitation of Liability IN NO EVENT SHALL QuickBooksMall.com AND THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE, EVEN IF AN QuickBooksMall.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the above, an QuickBooksMall.com Party is found liable for any loss or damage relating to the use of this Site, User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by QuickBooksMall.com (if any) for making a Request. Third Parties If you use this Site to submit Requests for or on behalf of a third party (a "Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to and acquired through this Site including all rules and restrictions applicable to Requests and Purchases. Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each QuickBooksMall.com, Inc. Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above. User is directly responsible for any QuickBooksMall.com request submitted including related fees, charges and performance obligations. User Comments, Feedback and Other Submissions All comments, feedback, suggestions and ideas disclosed, submitted or offered to a QuickBooksMall.com, Inc. Party or in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of QuickBooksMall.com, Inc. and may be used by an QuickBooksMall.com Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, use of your Comments could be made on this Site and in radio, television and print advertisements. Your name may be used with any Comments you submit. Your information may be passed to another party for the purposes of resale. No QuickBooksMall.com, Inc. Party is under any obligation to maintain your Comments (and the use of your name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. Confirmation of QuickBooksMall.com Requests While QuickBooksMall.com will use its best efforts to respond within the time periods indicated on this Site, no guarantee is made that you will receive an e-mail regarding the status of your QuickBooksMall.com Request within the stated processing time. Termination of Usage A QuickBooksMall.com Party may terminate or suspend User access to all or part of this Site (as well as terminate the processing of any QuickBooksMall.com, Inc. Request), at any time, without notice and for any reason. Miscellaneous These Terms and Conditions represent the entire agreement between you and each QuickBooksMall.com Party regarding your use of this Site and supersedes any prior statements or representations. The performance of these Terms and Conditions shall be governed by the internal laws of the State of Pennsylvania, United States of America. An QuickBooksMall.com Party may at any time modify these terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use and posted on this Site. In the event of any conflict with these terms and conditions and any term or statement elsewhere on this Site, these terms and conditions shall control. All of the materials included on this website (excluding framed 3rd party sites) are copyright 1998, 1999, 2000, 20002, & 2003 by QuickBooksMall.com We reserve all rights.