Business Aviator Standard Edition - Terms of Service

Acceptance of Terms

The Services that Mark Miarecki Computing, Inc. provides to you via free.businessaviator.com, support (at) businessaviator (dot) com, and all other web sites or email addresses owned, operated, licensed, or controlled by Mark Miarecki Computing, Inc. ("Business Aviator Support Services") are subject to the following Terms of Service ("Terms of Service"), in addition to the individual website’s separate terms of use/service and Business Aviator software license agreement. Mark Miarecki Computing, Inc. reserves the right to modify and update these Terms of Service at any time with or without notice to you. Such modifications and updates shall be effective upon your first use of Business Aviator’s Support Services after Mark Miarecki Computing, Inc. makes them available for your review.

Through the Business Aviator Support Services, Mark Miarecki Computing, Inc. may provide you with access to a variety of websites, products and services, and related resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Business Aviator Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Mark Miarecki Computing, Inc. shall resolve the conflict in its sole discretion.

If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Business Aviator Support Services Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services ("Accounts"). Your continued use of the applicable Business Aviator Site or Service after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

Description of Services
Business Aviator Standard Edition Upgrade & Business Aviator Standard Edition – Full Service Package Includes:

• Business Aviator Support Services including access to support material and software available on the website(s), which currently includes:
  1. Downloadable Business Aviator Standard Edition.
  2. Access to Automatic Standard Edition Updates.
  3. Downloadable Report Writer software.
  4. Access to Online Support Help-Desk and User Forums.
  5. Access to Online Knowledgebase Material.
  6. Access to Online Training Video’s and Documentation.
• Access to email support for 1 email address. The email address should be agreed-upon as the “single point of contact” for ongoing support when using the Business Aviator product. Any email addresses that are not defined as legitimate support addresses may not be serviced by Business Aviator support. Mark Miarecki Computing, Inc. reserves the right to determine if an email address is serviceable at its sole discretion.

Business Aviator Standard Edition – Full Service Package Also Includes:

• Business Aviator Standard Edition installation, initial setup and import of information from a supported accounting system, which currently includes:
  1. Professional Remote Installation of Business Aviator Software for 1 site (“database”) on a single computer, with emailed documentation describing the installation and how to deploy the Business Aviator Client Software on additional workstations to access this 1 database.
  2. Professional Remote Installation of Business Aviator Transaction Agent software used to integrate with accounting for 1 company file on a single computer, with documentation describing the integration and backup & restore procedures.
  3. Setup of Business Aviator and Accounting System integration – using Mark Miarecki Computing, Inc. standard Business Aviator approved approach to setting up the chart of accounts integration with Accounting.
  4. Import of data from accounting system, including at-least chart of accounts, sales representatives, shipping methods, customers, vendors, items, item current primary price assigned, item current cost assigned for primary vendor, and inventory quantities. No transactional data (current or historical) will be imported –nor is it supported. Open transactions should be deleted from the accounting system and added to Business Aviator by you after the data import.
  5. Emailed documentation with Detailed Installation Information, Backup & Restore Procedures, and System-Use Documentation for training additional Staff.
  6. 2 or 4 Hours of Live Online Training (*depending on package purchased). Live Online Training must be scheduled at least 48 hours in advance of the day/time requested. Date & Time is subject to availability on a first-come/first-serve basis. Training time is recorded from the moment a Business Aviator associate connects to your computer for the training session, until the moment the Business Aviator associate disconnects.
  7. 0 or 5 Phone Support Incidents (*depending on package purchased). Phone Support must be scheduled at least 48 hours in advance of the day/time requested unless it’s an “emergency service”. Date & Time is subject to availability on a first-come/first-serve basis. A Phone Incident is deemed “closed” when the issue or questions posed by you at the time the incident is opened are addressed to the best of the Business Aviator associate’s capability. An issue is legitimately an “emergency service” if your business cannot function whatsoever unless the issue is resolved.

User Account, Password and Security

If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you elect to purchase subscription-based Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by Mark Miarecki Computing, Inc.), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service and/or applicable License Agreements. You are entirely responsible for maintaining the confidentiality of your Account information (including user/account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Mark Miarecki Computing, Inc. immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Mark Miarecki Computing, Inc.). Mark Miarecki Computing, Inc. will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Mark Miarecki Computing, Inc. or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund and additional charges based on unauthorized use.

Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.

You understand that software and services and system specifications necessary to use the software or access any other Services may continuously evolve over time. Accordingly, Mark Miarecki Computing, Inc. reserves the right to modify and/or increase the system specifications necessary to use any software or Services - whether free or subscription based - at any time and without prior notice.

General

You may use the software without paying to participate in certain Services. However, Mark Miarecki Computing, Inc. may charge subscription or other fees to access certain Services (including certain software) and participate in related activities on the Business Aviator Sites. You must have an Account and pay the subscription or other fees to participate in these subscription or fee-based Services. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

Mark Miarecki Computing, Inc. reserves the right to change our fees or billing methods at any time and Mark Miarecki Computing, Inc. will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the applicable Business Aviator Sites and you are responsible for reviewing such information to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on the applicable Business Aviator Site shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Mark Miarecki Computing, Inc. will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our Services is subject to use or sales tax, then Mark Miarecki Computing, Inc. may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges. Some subscriptions renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date.

Software License

Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Mark Miarecki Computing, Inc. and/or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.

The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, MARK MIARECKI COMPUTING, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Restrictions and Conditions of Use

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any software assets (including, without limitation, your Account, database, reports, icons, images, or any other materials appearing in or generated by the software or Services), information, software, products or services obtained from the Services, without the express written consent of Mark Miarecki Computing, Inc. You hereby acknowledge and agree that you have no proprietary interest in any Account or software assets (including, without limitation, your Account, database, reports, icons, images, or any other materials appearing in or generated by the software or Services).

Newsletters

By subscribing to our newsletter(s), subscribers understand they may receive periodic information regarding current and future Services and updates offered on the Business Aviator Sites. You may unsubscribe from any of these Services at any time by following the procedures made available with the applicable Services.

Ownership

The Business Aviator Sites and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and data). The entire contents of the Business Aviator Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. Mark Miarecki Computing, Inc. (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Mark Miarecki Computing, Inc. and/or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Business Aviator Sites and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.

Termination of Account

Mark Miarecki Computing, Inc. has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Mark Miarecki Computing, Inc. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Business Aviator Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Business Aviator Site. Mark Miarecki Computing, Inc. reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no time or other credits or customizations will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as downloads, support or automatic updates). If your Account is terminated or suspended by Mark Miarecki Computing, Inc., Mark Miarecki Computing, Inc. shall have the right to terminate or suspend any of your other Account(s).

Disclaimer of Warranty; Limitation of Liability

PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE BUSINESS AVIATOR SITES, SERVICES, SOFTWARE OR CONTENT. To the maximum extent allowed by law, neither Mark Miarecki Computing, Inc. nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Business Aviator Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Business Aviator Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.

YOU EXPRESSLY AGREE THAT THE USE OF THE BUSINESS AVIATOR SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE BUSINESS AVIATOR SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. MARK MIARECKI COMPUTING, INC. PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MARK MIARECKI COMPUTING, INC. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE BUSINESS AVIATOR PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR BUSINESS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE BUSINESS AVIATOR PARTIES, OR BY YOUR OR ANY OTHER USER'S ERRORS AND/OR OMISSIONS.

YOU ACKNOWLEDGE AND AGREE THAT THE BUSINESS AVIATOR PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE BUSINESS AVIATOR SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MARK MIARECKI COMPUTING, INC. IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE BUSINESS AVIATOR PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MARK MIARECKI COMPUTING, INC. OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE BUSINESS AVIATOR PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE BUSINESS AVIATOR SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH MARK MIARECKI COMPUTING, INC. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MARK MIARECKI COMPUTING, INC. AND THE BUSINESS AVIATOR PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. MARK MIARECKI COMPUTING, INC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE BUSINESS AVIATOR SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE BUSINESS AVIATOR PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE BUSINESS AVIATOR SITES OR SERVICES FOR ANY PURPOSE. THE CONTENT PUBLISHED ON THE BUSINESS AVIATOR SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE BUSINESS AVIATOR PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BUSINESS AVIATOR SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.

Copyright and Trademark Notices

All content, design, and layout of the Business Aviator Sites: Copyright © Mark Miarecki Computing, Inc., P.O. Box 930174, Wixom, Michigan 48393, USA. All rights reserved. Business Aviator and other Mark Miarecki Computing, Inc. logos and product and service names are registered or unregistered trademarks or service marks of Mark Miarecki Computing, Inc. in the United States of America.