PLEASE READ THE TERMS AND CONDITIONS OF OUR SUBSCRIBER AGREEMENT BELOW CAREFULLY BEFORE SIGNING UP.

BY SIGNING UP, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.

Subscriber License Agreement

The Waterhouse Group (herein referred to as “we,” “us,” “our” or “RepairShopFinancialSoftware.com”) provides and makes available a web site located at http://www.RepairShopFinancialSoftware.com (the "Site"). Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, “The Waterhouse Group,” “TWG,” " Repair Shop Financial Software ™," “Repair Shop Financial Software,” “RepairShopFinancialSoftware.com,” "we," "us'" or "our" refers to The Waterhouse Group and RepairShopFinancialSoftware.com, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by RepairShopFinancialSoftware.com.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and / or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

1. Grant of Rights; Access and Passwords

The Site, Repair Shop Financial Software, software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form whether now known or hereafter devised (collectively the "Repair Shop Financial Software") are licensed, not sold, to you by TWG for use only under the terms of this License, and we reserve all rights not expressly granted to you. The rights granted to you herein are limited to TWG’s and its licensors' intellectual property rights in the Repair Shop Financial Software and do not include any other patents or intellectual property rights. TWG and/or TWG's licensor(s) retain ownership of the Repair Shop Financial Software itself. The terms of this License will govern any software upgrades provided by TWG that replace and/or supplement the original Repair Shop Financial Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

As part of the subscription process for this Site and the Repair Shop Financial Software, you have selected or been assigned a particular username and password in accordance with the Site's username and password guidelines (your “Account”). YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD OR ACCOUNT, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR ACCOUNT OR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any programs or information on the Site, whether now known or hereafter devised, including but not limited to the Repair Shop Financial Software ™ and any services available on it by you or others using your username or password. If you lose your \username or password, please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , use the online password retrieval process as set forth on the Site, or edit your account settings as set forth on the Site.

2. Subscription Fees and Payments

The most current Subscription Fees for the Repair Shop Financial Software shall be posted on the Site. Your subscription will continue and renew automatically, unless terminated by us or until you terminate your subscription Account per the account termination process that is designated on the Site (the “User Termination Process”). If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to us, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you prior written notice. All fees and charges incurred in connection with your RepairShopFinancialSoftware.com account will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to RepairShopFinancialSoftware.com. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT RepairShopFinancialSoftware.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

AS SET FORTH BELOW, YOUR SUBSCRIPTION TO THE REPAIR SHOP FINANCIAL SOFTWARE MAY BE FULLY REFUNDED WITHIN FORTY FIVE (45) DAYS OF YOUR INITIAL SUBSCRIPTION. YOU MAY TERMINATE YOUR ACCOUNT AND HAVE ALL FEES AND CHARGES REFUNDED TO YOU BY THE USER TERMINATION PROCESS AND BY SENDING A WRITTEN NOTIFICATION TO This e-mail address is being protected from spambots. You need JavaScript enabled to view it INDICATING YOUR INTENT TO TERMINATE YOUR ACCOUNT WITHIN FORTY FIVE (45) DAYS OF YOUR INITIAL SUBSCRIPTION TO THE REPAIR SHOP FINANCIAL SOFTWARE (“EARLY TERMINATION NOTICE”). ANY FAILURE OR DELAY IN SENDING THE EARLY TERMINATION NOTICE BEYOND FORTY FIVE (45) DAYS AFTER YOUR INITIAL SUBSCRIPTION TO THE REPAIR SHOP FINANCIAL SOFTWARE WILL BE CONSTRUED AS AN AUTOMATIC ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND, IN WHOLE OR IN PART, FOR ANY REASON.

3. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by reference. Please read it now at the link on our site.

4. User Conduct

To the extent that portions of this Site may provide users an opportunity to submit information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of TWG. In no event shall TWG assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

You hereby authorize TWG to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, TWG will have the right to use and change the Postings in any manner that TWG may determine.

Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although TWG periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, TWG will make every effort to ensure that the Postings best serve the interests of all users and, therefore, TWG reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules.

5. Ownership of Intellectual Property

All Site software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of The Waterhouse Group and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. By creating an Account, TWG hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may access from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of TWG. Use of TWG and/or its licensors' Material is only permitted with express prior written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Site, Repair Shop Financial Software, or the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The Waterhouse Group may own one or more United States and international patents that apply to the Site. All contents of this Site are: Copyright 2009 The Waterhouse Group, 399 Cedar Brook Road, Lynn, MA 01904. All rights reserved. The Site and the content within the Site are the property of TWG, its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of TWG. TWG reserves all rights in the Site and its content not specifically granted in any agreements with TWG or in the Terms of Use.

TWG, The Waterhouse Group, Repair Shop Financial Software, RepairShopFinancialSoftware.com and other marks indicated on our Site are registered trademarks of TWG in the United States and/or other countries. Other TWG marks, graphics, logos, page headers, button icons, scripts noted on the Site are TWG’s service marks, trademarks and trade dress and are the sole and exclusive property of TWG. TWG’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits TWG and in connection with any service or product that is not sponsored, endorsed or produced by TWG. All other trademarks not owned by TWG, its clients, or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TWG or its subsidiaries

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interests of TWG and the RepairShopFinancialSoftware.com; distribute the information contained in and/on this Site to other users not duly authorized to access the Site; distribute, rent, sublicense, lease, transfer or assign the information on the Site; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media whether now known or hereafter devised, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by RepairShopFinancialSoftware.com or Vin Waterhouse.

If you breach any provision of this Agreement, TWG and the RepairShopFinancialSoftware.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice in addition to any other available rights and remedies

6. Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. RepairShopFinancialSoftware.com can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check RepairShopFinancialSoftware.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by RepairShopFinancialSoftware.com, or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the20extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7. Accuracy and Availability of Information

The Site contains database information and other content compiled by RepairShopFinancialSoftware.com. While we use commercially reasonable efforts to provide accurate information, RepairShopFinancialSoftware.com gives no warranty as to the accuracy of the database and other content on the Site. RepairShopFinancialSoftware.com reserves the right to withdraw or delete information or content from the Site at any time. By consenting to the terms of this Agreement you specifically acknowledge that the information contained on the Site may be inaccurate and that you will not rely on such information without independent confirmation as to the accuracy of such information.

8. Links to Third Party Sites

RepairShopFinancialSoftware.com does not endorse the content on any third-party Web site, including Web sites of RepairShopFinancialSoftware.com's affiliates ("Third-Party Sites"). RepairShopFinancialSoftware.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that RepairShopFinancialSoftware.com is not your agent and is not a party to any transaction at a Third-Party Site.

9. Representations and Warranties

You represent and warrant to RepairShopFinancialSoftware.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

10. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY RepairShopFinancialSoftware.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND RepairShopFinancialSoftware.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RepairShopFinancialSoftware.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

11. Limitation of Damages

IN NO EVENT WILL TWG or RepairShopFinancialSoftware.com OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES INCURRED AS A RESULT OF RELIANCE ON INFORMATION OBTAINED ON THE SITE, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF RepairShopFinancialSoftware.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL TWG or the RepairShopFinancialSoftware.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY RepairShopFinancialSoftware.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

13. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior written consent, which may only be given in a non-electronic writing signed by an authorized representative of TWG or RepairShopFinancialSoftware.com.

14. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.

15. Print a Copy for Your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

16. Termination

RepairShopFinancialSoftware.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that RepairShopFinancialSoftware.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or RepairShopFinancialSoftware.com. RepairShopFinancialSoftware.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration o f this Agreement.

17. Assignment

You may not assign your rights under this Agreement without the prior written consent of an authorized representative of TWG or the RepairShopFinancialSoftware.com in a non-electronic record, and any assignment without RepairShopFinancialSoftware.com's consent will be voidable in TWG’s or RepairShopFinancialSoftware.com's sole discretion. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

18. Applicable Law
This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts (without giving effect to its principles of conflict laws). Any suit that may be brought hereunder shall be brought only in the federal or state courts in the districts which include Essex County, MA, and the parties hereby agree and submit to the personal jurisdiction and venue thereof.
19. Dispute Resolution.
If a dispute or disagreement (a "Dispute") arises between the parties in connection with this Agreement, then the parties hereby agree to first attempt in good faith to settle the Dispute between themselves over a period of thirty (30) days from the date such Dispute arises; if the parties are unable to settle the Dispute by themselves during such period, the Dispute shall be settled by binding arbitration to be conducted in Boston, MA (or at such other location as the Parties may agree) under the commercial arbitration rules then prevailing of the American Arbitration Association by one arbitrator appointed in accordance with those rules. The arbitrator shall be chosen from a panel of arbitrators knowledgeable in the industry. The arbitrator will apply the law specified in Section 18 to the merits of the Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may grant permanent injunctions or other relief in such dispute or claim; provided that the arbitrator may not grant licenses to any intellectual property owned by either party nor may the arbitrator award punitive damages. Notwithstanding the foregoing, without breach of this arbitration provision either party may apply to any court specified in Section 18 above for temporary injunctive relief.
20. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be enforceable under applicable law. However, if any provision of this Agreement shall be deemed unenforceable under applicable law by a court having jurisdiction, such provision shall be unenforceable only to the extent necessary to make it enforceable without invalidating the remainder thereof or any of the remaining provisions of this Agreement.
21. Waiver.
No waiver, or alleged waiver, by either party of any term, condition or provision of this Agreement shall be effective for any purpose whatsoever unless such waiver is in writing and signed by a duly authorized representative of the party against whom enforcement is sought. No express waiver by either party of a breach of this Agreement shall operate or be construed by a party as a waiver of any subsequent breach of this Agreement by the other party.
22. The titles or headings of the sections of this Agreement are intended for convenience of reference only and are not intended to change, limit or otherwise affect the meaning or construction of the terms of this Agreement. The term “person” shall include an individual, corporation, partnership, association, or other legal entity. The term “Company” shall include any affiliate, parent, subsidiary or sister company of Company.

23. EARNING DISCLAIMER

THE REPAIR SHOP FINANCIAL SOFTWARE AND ANY DATA, INFORMATION, OR STATISTICS THAT IT PRODUCES ARE BEING PROVIDED AS A BENCHMARK AGAINST WHICH TO ASSESS YOUR BUSINESS. TWG DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED TO YOU IN THE REPAIR SHOP FINANCIAL SOFTWARE. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND TO AID YOU IN MAKING YOUR OWN UNILATERAL BUSINESS DECISIONS. THE PROVISION OF THIS INFORMATION IS NOT INTENDED TO BE IN INSTRUCTION OR DIRECTIVE TO TAKE ANY SPECIFIC COURSE OF CONDUCT BASED ON THE INFORMATION. BUSINESS DECISIONS BASED ON ANY INFORMATION PROVIDED ARE SOLELY WITHIN YOUR DISCRETION.

24. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, discussions, negotiations, or understandings, whether oral or written, between the parties relating to the matters addressed herein. The language herein will be interpreted as to its fair meaning and not strictly for or against any party.