itopia, INC
Terms

ITOPIA, INC. TERMS OF USE – INTRODUCTION

Itopia, Inc.

Website Visitor Agreement

Effective September 2012

Welcome to the Itopia web site. This web site is a service of Itopia, Inc. and its affiliates (“Itopia”). By using this web site, you agree to the terms of this visitor agreement (“Visitor Agreement”). You should read this Visitor Agreement carefully. If you don’t accept the terms of this Visitor Agreement, please don’t use the Itopia web site. Each time you use this web site in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.

Use

You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, distribute or publish any information from this site for any other purpose without Itopia’s express permission. Itopia may make changes to this site or to the services or products described in this site at any time, without notice.

You shall not use this web site in any way that, as determined by Itopia in its sole discretion, violates any applicable law or any third party’s property rights, or that restricts or inhibits any other user from using this web site. You shall not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.

Any conduct, communication, or content that, in the sole discretion of Itopia, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to Itopia, or (iii) infringes any rights of Itopia or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. Itopia and its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this web site.

Purchase of Service

All purchases of Service or products through the Itopia web site are governed by our Itopia Terms of Service and Acceptable Use Policy. Please read them before making a purchase.

No Guarantee of Reliability or Security

We try to provide accurate information through our web site, but we do not guarantee, and are not responsible for, information you find on our web site. Itopia does not endorse any particular third parties, or their sites, merely because we provide a link to their web site.

Itopia uses reasonable precautions to protect the privacy of your personal information, such as credit card and other ordering information, but Itopia does not guaranty the security of your information. To obtain access to certain services through the Itopia web site, you may be given an opportunity to register with Itopia. As part of any such registration process, you will select a user name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. Itopia reserves the right to reject or terminate any user name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify of any known or suspected unauthorized use of your account. You must protect your username and password. Please log off before closing the browser window if you access your account from a public computer.

Ownership of Information

“Itopia” and our logo are registered trademarks of Itopia, Inc. All other trademarks, product names, and company names and logos appearing on this web site are the property of their respective owners. User must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.

The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained in this web site (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this web site is copyrighted as a collective work under the U.S. copyright laws, and Itopia owns a copyright in the selection, coordination, arrangement, and enhancement of all Content. User’s may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

By posting or otherwise transmitting any information or other material to Itopia, you hereby grant Itopia a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed, subject at all times to the provisions of this Visitor Agreement protecting your privacy. You also grant to Itopia the right to use your name and other identifying information in connection with any materials submitted to public areas of the Site (such as bulletin boards, forums and newsgroups) in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Itopia for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Warranties

THE INFORMATION PROVIDED AT OR THROUGH THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ITOPIA NOR IT AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

This web site may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and outside of the direct control of Itopia. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this web site. Although Itopia employs security measures, Itopia cannot guarantee the security of this web site or information provided through this web site, or that viruses, worms, trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Itopia.

Limitations on Itopia’s Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER ITOPIA NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.

These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, and apply whether or not Itopia was informed of the likelihood of any particular type of damages. If you are dissatisfied with this web site, or if you have any other dispute with Itopia relating to this web site, then your sole and exclusive remedy is to discontinue using this web site. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Itopia shall be limited to the greatest extent permitted by law.

Miscellaneous This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Florida. By using the Itopia web site, you consent to the exclusive jurisdiction of the state and federal courts in Florida, in all disputes arising out of or relating to this Visitor Agreement and your use of the Itopia web site. Any cause of action or claim you believe you may have with respect to the Itopia web site or any Itopia service or product obtained through the Itopia web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement. We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this web site, shall suspend or terminate your obligations under this Visitor Agreement.

QuickBooks Software Disclaimer

QuickBooks Software is © Intuit Inc. QuickBooks Software is hosted by Itopia under license from Intuit Inc. Itopia is not affiliated with or endorsed by Intuit Inc. Itopia is solely responsible for the provision of all services on this website.

ITOPIA, INC. ACCEPTABLE USE POLICY

Effective September 2012

Itopia, Inc. (“Itopia”) has created this Acceptable Use Policy (“AUP”) to ensure the responsible use of Itopia’s services, systems, web sites, and products (“Itopia Products and Services”) by our customers and other users of Itopia Products and Services (“Users”), and to enable Itopia to provide Users with reliable, secure, and efficient services. By using Itopia Products and Services, Users agree to be bound by the terms of this AUP.

Termination/Suspension

Any User that Itopia determines to have violated any element of this AUP may be subject to a suspension or termination of service, with or without notice. Itopia has the right, but not the obligation, to take further action as Itopia determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Itopia shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Itopia’s exercise of its rights under this AUP.

Prohibited Conduct

Itopia Products and Services must be used for lawful purposes only and in a manner consistent with the intended purpose of Itopia Products and Services. Users shall not use Itopia Products and Services to distribute, transmit, or store material:

1. in violation of any local, state, or federal laws and regulations.
2. that may expose Itopia to criminal liability.
3. that may adversely affect Itopia Products and Services or other Itopia Customers or Users.

Users are prohibited from facilitating the violation of any of this AUP or another provider’s AUP. This includes, but is not limited to, distributing, transmitting, or otherwise providing any product or service that violates this AUP or another provider’s AUP.

Inappropriate Content

Users shall not use Itopia Products and Services to distribute, transmit, or store material that is inappropriate, as reasonably determined by Itopia, or material that is obscene (including child pornography) defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Harmful Content

Users shall not use Itopia Products and Services to distribute, transmit, or store material that may be harmful to, or interfere with, Itopia Products and Services or any third party’s systems, networks, web sites, or services. Such prohibited content includes, but is not limited to worms, viruses, or Trojan horses.

Fraudulent/Misleading Content

Users shall not use Itopia Products and Services to distribute, transmit, or store material containing fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false, or misl