TERMS OF SERVICE

1. Terms & Definitions
By accessing Boulevard® online, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

a. “Agreement” refers to these Terms of Service
b. “software as a service”, “SAAS”, “site”, or “website” means this website, all related webpages, and all related websites operated by affiliates or divisions of Main Street Software, Inc but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the services.
c. “Service” or “Services” refer to the online business management offered as a software as a service.
d. “Subscriber” or “user” refers to any person who maintains an account with us and utilizes our Services.

2. Use License
a. Permission is granted to store data through Main Street Software, Inc.’s SAAS. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. attempt to decompile or reverse engineer any software contained on Main Street Software, Inc.’s website;
iii. store credit card information in any other field than what is intended;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Main Street Software, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
a. The materials on Boulevard® online are provided on an ‘as is’ basis. Main Street Software, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Main Street Software, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
c. Main Street Software, Inc grants you a non-exclusive, non-transferable limited license to use the Boulevard® online and related resources in accordance with these Terms of Service. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

4. Limitations
In no event shall Main Street Software, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Boulevard® online, even if Main Street Software, Inc. or a Main Street Software, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials
The materials appearing on Boulevard® online could include technical, typographical, or photographic errors. Main Street Software, Inc. does not warrant that any of the materials on Boulevard® online are accurate, complete or current. Main Street Software, Inc. may make changes to the materials contained on Boulevard® online at any time without notice. However Main Street Software, Inc. does not make any commitment to update the materials.

6. Links
Main Street Software, Inc. has not reviewed all of the sites linked to Boulevard® online and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Main Street Software, Inc. of the site. Use of any such linked website is at the user’s own risk.

7. Modifications
Main Street Software, Inc. may revise these terms of service for Boulevard® online at any time without notice. By using this software as a service you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law & Dispute Resolution
These terms and conditions are governed by and construed in accordance with the laws of Oregon and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

9. Authorization to Access & Export Data
The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Boulevard® online and other information uploaded on the subscribers account. We may in certain circumstances export user information outside of the United States if necessary when troubleshooting any issues the user has brought to our attention. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

10. Privacy Policy
Your privacy is important to us. It is Main Street Software, Inc.’s policy to respect your privacy regarding any information we may collect while operating Boulevard® online. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
• We will only retain personal information for as long as necessary for the fulfillment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Main Street Software, Inc. may change this privacy policy from time to time at Main Street Software, Inc.’s sole discretion.

11. Payment & Access
Payments are automatically billed each month or annually, depending on the term and are in U.S. dollar. In the event of any failure to make, your access to Boulevard® online will be removed until an appropriate payment method is available. Renewal of the agreement and acceptance of any additional orders shall be at Main Street Software, Inc’s sole discretion. Pricing for any renewal period is subject to change by Main Street Software, Inc from time to time. Renewal of the term will be continued automatically, unless you cancel service, in accordance with the cancellation terms described below.
12. Data Conversion
If Main Street Software converts any data to Boulevard online, any portion of the free 30-day trial will be voided due to the cost and time associated with the conversion process. A paid plan will then commence immediately and your payment will be processed for the tier applicable.
13. Cancellation Terms
You must log into your account online or contact Main Street Software, Inc in writing before the next billing period to cancel the service. You will not be billed for cancelling service, however no refunds will be made on services already paid for, and service fees will not be prorated.