THIS IS A CONTRACT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING THIS SITE.

RETURNS POLICY

• You may return new, unopened items or defective (DOA) items within 15 days of purchase.
• Damaged items, used items, opened items, or items purchased more than 15 days ago, are not eligible for a refund.
• All Intuit software products may be returned within 60 days, no questions asked.
• The following items are non-returnable: software (non Intuit products), services, Avery Weightronix scales, print media, barcode labels, receipt paper and supplies.
• Unless specifically stated within an item description, we are not responsible for compatibility issues. It is your responsibility to contact your software vendor before purchasing hardware to determine if the hardware item is compatible with your software. Once a hardware item has been opened and used, regardless of compatibility issues, the item is no longer returnable.
• A restocking fee of 15% (minimum of $35) of the purchase price will be charged on all returns.

SHIPPING. We ship within the continental U.S, Alaska, Hawaii, Virgin Islands, & Puerto Rico. We do not ship outside the U.S. or its territories. Shipping address must be a residential or business address. We will not ship to a PO Box. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose.

PRODUCT AVAILABILITY. All products shown on our websites are subject to availability. While we plan for sufficient quantities, extraordinary demand may limit our ability to immediately fill your order. In the event that a product you have ordered is temporarily out of stock, we will promptly inform you of the earliest date that you may expect to receive your complete order. Back ordered items can be exchanged for an in stock item or canceled for a full refund. We cannot be held liable for any typographical or pictorial errors that may occur on this website.

USE RESTRICTIONS. AQB maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of AQB. AQB Inc. makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations.

RIGHT TO CHANGE OR MODIFY. AQB reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.

DESCRIPTION OF SUBSCRIPTION SERVICE. Subject to payment of the subscription fee(s) and compliance with this Terms of Use Agreement, AQB is providing (a) a single Member with a fully paid-up, royalty-free, non-exclusive, non-transferable, non-redistributable right and license to personally (non-commercial) use the Services which includes playing a video recording of technical training, or (b) a group Member with a specific number of seat licenses of a fully paid-up, royalty-free, non-exclusive, non-transferable, non-redistributable right and license to use the Services which includes playing a video recording of technical training. Member must provide all equipment necessary including computer and related equipment. AQB retains all ownership of the media recording of technical training provided to you including all copyrights, patents, trademarks, trade secrets and know how. The license fee is not refundable at any time after the initial purchase.

Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services obtained from AQBs Services or its website. The use of the Services on any other web site or networked computer environment is prohibited, except for a group Member who has paid for a specific number of seat licenses, and then such group Member may only upload the Services onto one server for use a limited number of times pursuant to the paid seat licenses. Member recognizes that he/she may not reverse engineer, or reverse assemble the Services, AQB’s website software, or otherwise attempt transfer of any right in the software. Member recognizes that unauthorized use of website content may subject said user to civil or criminal liability.

MONTHLY SUBSCRIPTION FEES. You are agreeing to a monthly subscription service. This subscription will automatically renew and you will be charged every 30 days until you cancel your subscription. You can cancel your subscription from AQB anytime by clicking the “Cancel” button on your account home page. If you cancel within a billing cycle, your membership stays active until the end of the billing cycle, and you will not be billed for the following period.

ANNUAL SUBSCRIPTION FEES. You are agreeing to an annual subscription service. This subscription will automatically renew and you will be charged every 365 days until you cancel your subscription. You can cancel your subscription from AQB anytime by clicking the “Cancel” button on your account home page. If you cancel within a billing cycle, your membership stays active until the end of the billing cycle, and you will not be billed for the following period.

MODIFICATIONS AND INTERRUPTIONS TO  SUBSCRIPTION SERVICE. AQB reserves the right to modify or discontinue the Services with or without notice to the Member. AQB shall not be liable to Member or any third party should AQB exercise its right to modify or discontinue the Services. Member acknowledges and accepts that if Member uses its license via the AQB website, that AQB does not guarantee continuous, uninterrupted or secure access to its website and operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

LIMITATION OF LIABILITY DISCLAIMER. In all circumstances AQB’s maximum liability is limited to the purchase price of the products sold. AQB shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the products it sells which exceeds this liability limit. AQB shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not AQB is apprised of the possibility of such claims or damages.

DISCLAIMER OF WARRANTIES. The Subscription Services provided by AQB is on an “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by applicable law,AQB makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services or its website in terms of its correctness, accuracy, reliability, or otherwise. AQB shall have no liability for the use of the Services or its website. AQB DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable. Further, AQB is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services and training vidoes is provided for informational purposes only. Member bears the entire risk of using the Services, including any content on the AQB website. All materials and content contained within the Services and the AQB website are subject to change, without notice.

GOVERNING LAW AND JURISDICTION. Any dispute arising out of or related to these Terms and Conditions or the sales transaction between AQB and Customer shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. AQB and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Texas, Williamson County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against AQB that is more than one year after the date of the applicable invoice.

INDEMNIFICATION. Member agrees to indemnify and hold AQB, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.

THIRD-PARTY SITES. Our website may include links to other sites on the Internet that are owned and operated by other third parties. Member acknowledges that AQB is not responsible for the availability of, or the content located on or through, any third-party site and Member hereby releases AQB of any liability regarding such third party sites and their services. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and AQB is not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION.  Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While AQB makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the AQB website.

AQB makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and Member acknowledges that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

SECURITY. All group Subscription Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party.

Further, if Subscription Member is accessing the Services via the AQB website, Member acknowledges that like any web application, the AQB website may be susceptible to security breaches. It is the Member’s responsibility to ensure that the computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, and security patches in place. AQB is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.

WAIVER. The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

SEVERABILITY. If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.

ENTIRE AGREEMENT. These terms and conditions, together with the AQB invoice respecting the products ordered by Customer, are the complete and exclusive agreement between AQB and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between AQB and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

COPYRIGHT AND TRADEMARK INFORMATION. All content included or available on the AQB website including videos, test materials, design, text, graphics, interfaces, and the selection and arrangements thereof is © 2012 AQB with all rights reserved, or is the property of AQB and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AQB, is strictly prohibited. Member agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of AQB.

The logo and trademarks of AQB are owned exclusively by AQB. All other trademarks displayed on AQB website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with AQB. No license is granted herein for use of any service mark, trademark and/or trade dress of AQB and/or owner.

RIGHT OF REFUSAL. We reserve the right to limit quantities and to reject orders at our discretion.

Affiliate Program. The AQB Affiliate Program (“Affiliate Program”) is a program that allows you to receive a commission from AQB for referring a new user (“Referred User”) to AQB. You may not refer yourself for the Affiliate Program or a user having the same IP address as yourself. You may not obtain names for referrals from group email addresses, third party bulk mailing lists, customer lists, or other similar sources. You may not send unsolicited e-mails (“Spam”). If you send Spam in order to recruit Referred Users, AQB may immediately and permanently close your affiliate account, without paying out any accrued commissions. To be eligible for a commission, the Referred User must: (1) sign up for an Account through the supplied affiliate links; (2) become a User; and (3) not already have an Account at the time of the referral (or previously). Commissions are paid on a monthly basis once a minimum payout balance of $100 has been achieved by the affiliate.

TAXES.  State Laws requires AQB to charge state sales tax to orders shipping to addresses in the following states: CA, IL, MA, NY, PA, TN and TX. If you have any questions regarding our Terms of Use, please e-mail us at info@aqb.com. QuickBooks Enterprise software sales are taxable in every state that has sales tax.