Terms and Conditions

End-User Licence Agreement

The “Courses” shall include all courses available from OnPoint Software Training Solutions Inc, (the “Licensor”) which shall be collectively referred to as “Licensed Materials”. Licensed Materials, any Web Sites owned and operated by us, and any content available therefore shall be collectively referred to as “Supplied Materials”.

1. Ownership: All Users of this Computer

You represent and warrant that you are the owner of the computer and that you have authorized the access of the Licensed Materials, or the owner of the computer has authorized you to access the Licensed Materials. You agree, with respect to all other users of the computer, that no one else will access and/or use the Licensed Materials Also, you agree not to use the Licensed Material, in a manner prohibited by law, or in violation of any contractual provision by which you are bound herein. You agree to comply with all applicable laws, rules and regulations in your use of the Licensed Material.

2. Access and Interference

You agree that you will not use, permit, or encourage others to use the Licensed Materials, or any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of any Supplied Materials, or third party supported Software.

3. Termination

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions.

4. Security

Users are solely responsible for maintaining the confidentiality of their password(s). They are also responsible for all uses of their information stored in any supported Software, whether or not authorized by them.

5. Scope of Licence

We grant you a single view-only non-exclusive, non-transferable and limited licence, pursuant to the terms hereof, to view the most current versions of the Licensed Materials solely for the purpose of accessing and using Licensed Material available through our Web Site or servers, or the Supplied Materials; and use Licensed Materials for your personal, non-commercial purposes and in compliance with this End-User License Agreement.

This licence does not entitle Licensee to receive from Licensor a copy of the Licensed Material for installation on their computer, hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Licensed Material. Licensee may not redistribute the Licensed Material unless Licensee has separately entered into a distribution agreement with Licensor such as the Unlimited Distribution Program Agreement.

6. Licence Restrictions

(1) Your licence to an existing version of Licensed Materials may, at our discretion, expire when new versions of Licensed Materials are released. We reserve the right to add additional features or functions to existing Licensed Materials, or to add new applications to the Licensed Materials, at any time. As such, the Licensed Material may be offline for a period of time to allow for the update. We will attempt to provide you with 48 hours written notice via the email we have on file. Additionally, we may require the update of Licensed Materials when a new version of the Licensed Materials is released to the general public, when new features are available, to deliver promotional offers, and/or to add new applications to the applications that comprise Licensed Materials. This update may occur automatically or through other means. You understand that we and/or one of our business associates may require your review and acceptance of our or their then current privacy statement and/or licence agreement before you will be permitted a limited licence to any subsequent versions of Licensed Materials.

(2) Notwithstanding the foregoing, we and our business associates have no obligation to make available to you any subsequent versions of Licensed Materials. You may not distribute or copy Licensed Materials. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble Licensed Materials or equivalent of Licensed Materials in any way. You do not have the right to create derivative works of Licensed Materials, and you agree not to attempt, or allow others to attempt, to reverse-engineer Licensed Materials and/or modify Licensed Materials source code. Any and all such modifications or enhancements to Licensed Materials by you, ourselves, or our business associates shall remain our sole property or that of our business associates. You further agree not to access either our own or our business associates’ services or software applications by any means other than the interface provided by us or them to access the relevant service. Without limiting our rights, you understand that we, in our discretion, may modify, discontinue, or suspend your right to access any of the Licensed Materials at any time.

7. Other Restrictions

You may not sell, rent, lend, assign, transfer or lease Licensed Materials, and/or permit other parties access to same.

We reserve all rights in Licensed Materials not expressly granted to you in this agreement.

8. Ownership

You agree that all Licensed Materials are licensed, not sold to you. You agree that Licensed Materials belong to us, including all intellectual and proprietary rights, unless otherwise specified. We retain all right, title and interest in and to Licensed Materials at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Additionally, all content accessed through Licensed Materials is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content. Finally, any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by us at our sole discretion; and, we will have no obligation to you regarding any ideas or inventions that you disclose through such means.

9. Disclaimer of Warranty

1. USE OF SUPPLIED MATERIALS IS AT YOUR OWN RISK. WE PROVIDE SUPPLIED MATERIALS ON AN “AS IS”, “WHERE IS”, BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. WE ALSO DISCLAIM ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM ANY SUPPLIED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT THE SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPLIED MATERIALS WILL BE RELIABLE, THE SUPPLIED MATERIALS WILL IDENTIFY ANY IDENTITY THEFT, THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE SUPPLIED MATERIALS WILL MEET YOUR EXPECTATIONS OR ANY ERRORS IN THE SUPPLIED MATERIALS WILL BE CORRECTED
2. This course does not constitute accounting or tax information or advice
3. Your Accountant or your QuickBooks ProAdvisor may suggest different ways to enter certain transactions. Please contact your Accountant or QuickBooks Pro Advisor if you are unsure of how to enter a specific transaction. Additional charges by your Accountant or QuickBooks ProAdvisor may apply
4. The information in the Supplied Materials is provided solely for general illustration and instructional purposes and does not create a business or professional services relationship
5. Any reliance on the information is solely at the user’s own risk.
6. The authors and publishers are not herein engaged in rendering accounting or tax advice or other professional advice and services
7. While we have made every attempt to ensure that the information contained in the Supplied Materials has been obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of this information
8. As such, it should not be used as a substitute for consultation with an Accountant or QuickBooks ProAdvisor or other professional advice and services
9. Before making any decisions based on the information, please consult an Accountant or Certified QuickBooks ProAdvisor
10. All information in the Supplied Materials is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will we, our related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Web Site or for any consequential, special or similar damages, even if advised of the possibility of such damages;
11. We do not act as your QuickBooks ProAdvisors and as such, do not know the nature of your business. Some of the topics we cover in the Licensed Material may not be relevant to your business type. The topics that we cover are basic accounting transactions.
12. Certain links in the Supplied Materials connect to other Web Sites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other Web Sites;

We do not endorse, warrant or guarantee such products, information or services and are not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services. Service Provider will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products, services or information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

(1) IN NO EVENT WILL WE, OUR DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, THIRD PARTY DEVELOPERS OR DISTRIBUTORS OF SUPORTED SOFTWARE, OR ANY OF THE FOREGOING ENTITIES’ OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY “PROTECTED PARTIES”) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF OUR PRIVACY STATEMENT, END-USER LICENCE AGREEMENT, OR YOUR USE OR INABILITY TO USE LICENSED MATERIALS, OR SUPPLIED MATERIALS EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECTED PARTIES’ MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, EXCEED THE LESSER OF $50.00 OR THE REVENUE ACTUALLY RECEIVED BY US DIRECTLY ATTRIBUTABLE TO THE COURSES IN ANY TWELVE (12) MONTH PERIOD.

(2) Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Protected Parties’ liability shall be limited to the extent permitted by law.

11. No Protected Parties’ Liability

Protected Parties assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys’ fees for, any claim arising from:

1. any method or process in which Licensed Materials may be used by you;
2. any results of using Licensed Materials;
3. any use of other than a current unaltered release of Licensed Materials; or
4. the combination, operation or use of any Licensed Materials furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance of the combination, operation or use of the Licensed Materials with other programs, data or other materials.

12. Privacy Statement and Other Policies

You agree to be bound by and comply with the Privacy Statement applicable to any Licensed Materials, the privacy statements applicable to third party Supported Software, and any other policies governing the use of Licensed Materials and/or the Supplied Materials) for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice. Visit www.onpointsoftwaretraining.com/cookies to view a list of any third parties, if any, who set and access cookies on your computer in order to facilitate a feature or service of the supported – Supplied Materials. This list will also include links to their privacy statements.

13. Use, Procedure & Guidelines

The following sets out general use, procedure and guidelines related to the Licensed Materials:

1. Each separate Licensed Material will consist of 4 or more lessons. The first lesson must be watched in its entirety before the other lessons are available. You must accept the contents of this End-User License Agreement before the contents of the other lessons can be viewed. If you do not accept the terms of this license agreement, you will not be granted authorization to view further lessons.
2. The Licensed Materials are only available online. You will receive an email within one business day after purchase with your enrollment instructions at which time you will be able to access the course for the amount of time specified for the course at www.onpointsoftwaretraining.com.
3. The courses must be viewed over the internet and require a high speed internet connection (DSL, cable modem, or higher). Additional access to the Licensed Material will not be granted due to internet connectivity issues.
4. In addition, you require one of the following browsers: Internet Explorer® 6.x – 8.x, FireFox™ 2.x – 3.x, Google Chrome™ 1.x, Safari® 1.x – 4.x and Adobe® Flash® Player 9+ for certificate functionality.
5. You agree that this license is for a single-viewer license to view the Licensed Material and you agree not to allow others to use your login and password to access the Licensed Material and/or view the Licensed Material. Excessive use will be monitored and your access to the Licensed Material may be revoked.
6. It is assumed that you have a backup plan in place for your QuickBooks company file. If not, we have included a backup demonstration in the introduction lesson of each Lisenced Material. If the licensee is unsure of how to backup their QuickBooks company file, they should contact their Accountant or QuickBooks ProAdvisor. Additional fees may apply.

14. Applicable Law

The laws of the Province of Ontario will govern this agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the provincial and federal courts in Ontario and Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

15. Successor Agreements

(1) These Terms and Conditions may change in the future. In such case, and when appropriate, we will obtain your consent prior to the new document going into effect.

(2) In most cases, we will provide you with an online pop-up window notice informing you that changes have been made to the documents and will provide you either with an active link, or inactive URL address, that you can use to view a Web Page containing the revised documents (or leading you to the appropriate documents). We will always post our most recent Privacy Statement on our website that can be accessed at www.onpointsoftwaretraining.com/privacy-policy and End-User Licence Agreement on our Web Site that can be accessed at www.onpointsoftwaretraining.com/end-user-licence-agreement.

(3) You agree that after receipt of such change notice, you consent to our revised Terms and Conditions unless you stop viewing the Licensed Materials. Failure to stop viewing the Licensed Materials will be deemed an acceptance of the terms of our most current Terms and Conditions for which you have given your consent, or for which you have been given notice, as appropriate. Except as provided in this section, these Terms and Conditions may not be revised except in writing signed by all relevant parties.

16. General

These Terms and Conditions, as modified from time to time as described above, and including the policies incorporated by reference, set forth the entire understanding and agreement between you and ourselves with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. We shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond our reasonable control. Except as described herein, you may not assign this agreement without our explicit consent.

17. Special Notices:

1. ©2011 OnPoint Software Training Solutions Inc. All rights reserved.
2. QuickBooks®, QuickBooks® ProAdvisor®, QuickBooks® Pro and QuickBooks® Pro and Payroll are registered trademarks and/or registered service marks of Intuit Inc.
3. Screen shots © Intuit Inc. All rights reserved.
4. Microsoft®, Excel® and Windows® are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
5. Other parties’ trademarks or service marks are the property of their respective owners and should be treated as such.