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Terms of Use

Use of this Website and any Information or Materials

Acumatica.com (the “Website”) contains information, content, text, photographs, designs, graphics, images, recordings, advertisements, animation and other materials and effects (collectively, the “Materials”) that are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual or proprietary rights owned by Acumatica, Inc. (“Acumatica”) and/or third parties which have authorized its use by Acumatica. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, copying, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission by Acumatica or the applicable rights holder. The Materials on the Website may not be used by you or other third parties, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any of the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal or immoral purpose, or to transmit to or through the Website or to or through any service, any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of Acumatica or any third party using the Website or Materials.

By continuing to use this Website, you agree to these Terms of Use and to allow Acumatica and its third-party vendors to collect certain information about your visit to the Website.  Please see Acumatica’s Privacy Statement for more information about the information collected.

Automated Activity

You agree not to use any automated script to submit any form or other database entry to this Website. This Website may use robot exclusion methods, which include robots.txt files and HTML meta-tags that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Information on the Website may be updated on a real-time basis and is proprietary to Acumatica or is licensed to Acumatica by third parties. You agree that if and to the extent prohibited in the then-current robots.txt file or HTML meta-tags on the Website, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without Acumatica’s express written permission. Additionally, you agree that you will not: (i) take any action that is likely to impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) harvest email addresses from the Website for any purpose whatsoever, or (iv) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

Linking

Acumatica generally welcomes links to the Website from other reputable websites. You may link freely to the Website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page, (b) you do not, by framing or otherwise create an impression that you own, control or have any rights to any part of the Website, (c) you do not link to any secure page (a secure page is one with an https// prefix), and (d) you agree to discontinue providing links to this Website when requested by Acumatica.

Disclaimer

Acumatica makes efforts to try to assure the accuracy of the information it presents in the portions of the content it authors on the Website. Acumatica cautions, however, that because of the volume, complexity of the material, the ever-changing laws and regulations and court decisions, and significant state by state (and sometimes community to community) differences, and because Acumatica communicates information provided and created by advertisers, consumers, software developers, publishers, marketing agents, resellers, and other third parties, Acumatica may have little or no control over the accuracy of such information.  Regardless of any control, Acumatica makes no guarantee or representation as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or for any resulting loss or damage.

Intellectual Property

The information contained on this site is protected under the Copyright Laws of the United States and other applicable laws.  “Acumatica Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations Acumatica uses in connection with its products or services. You may not remove or alter any Acumatica Trademarks, and you may not incorporate any Acumatica Trademarks into your trademarks, service marks, Internet addresses or domain names, or any other similar designations or intellectual property.  Improper use of this Website, including any Acumatica Trademarks, may constitute a violation of federal law and could subject violators to severe civil and potentially criminal sanctions. Acumatica is vigorous in its enforcement of its rights.

No Warranty, No Liability, Indemnification

Acumatica makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk.

THE WEBSITE AND THE MATERIALS ARE PROVIDED BY ACUMATICA ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ACUMATICA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.

IN NO EVENT SHALL ACUMATICA BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS OR SITES LINKED FROM THE WEBSITE OR MATERIALS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. ACUMATICA SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.

Miscellaneous

Acumatica reserves the right to revise any or all of the Materials on the Website and/or to modify any Website features, specifications, or materials without notice.

Acumatica reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Acumatica reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website.

These Terms of Use constitute the agreement with respect to your access to and use of the Website, together with any additional terms which you may have expressly accepted by use of other features on the Website.

If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

The Terms of Use will be governed and construed in accordance with the laws of the State of Washington without giving effect to conflict of laws principles, and you agree that any action you or your successors or assigns may bring against Acumatica related to this Website may only be brought in the state and federal courts situated in the State of Washington.  You further agree to submit to personal jurisdiction in such courts should Acumatica initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms of Use, and to also pay Acumatica such costs, fees and expenses as it reasonably incurs or expends (including attorney fees and court costs) if and to the extent Acumatica successfully prevails against you for your actions in violation of any of the Terms of Use.