Acceptance of the Terms
ACP is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on this link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about ACP.
ACP has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
- change or terminate all or any part of our Services;
- restrict or terminate your access to all or any part of our Services; or
- refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site
ACP is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be thirteen years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. ACP reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or, if applicable, your membership agreement. If you provide any information that is untrue, inaccurate, incomplete or not current, or if ACP has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, ACP has the right to refuse any and all current or future use of the Site (or any portion thereof).
ACP assumes no liability for YOUR reliance on the contents of THE Site. ACP provides the information on the Site for reference only. The information contained on the Site is offered only as general guidance and does not constitute legal, medical, or professional advice. The information on the Site is not intended to, nor does it, include information regarding safe operations and maintenance practices. Any recommended practices contained on the Site should be considered on a case-by-case basis and used in accordance with your company’s internal safety requirements as well as all applicable laws, regulations and recommended practices addressing safety compliance (e.g., OSHA and ANSI requirements). You are responsible for seeking legal or professional advice on all matters concerning safety and legal compliance.
Account and Password Security
ACP may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify ACP immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password on the Site. ACP cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Submissions to ACP and/or the Site and Licensing of Content. You acknowledge and agree that ACP may preserve any submissions to ACP or to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third parties; or (iv) protect the rights, property, or personal safety of ACP, the Site, its users and the public.
By submitting Content to the Site or ACP or its affiliates (including, without limitation, via email), you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content (“Metadata”) is non-confidential for all purposes. If you submit, post or upload any Content to the Site or if you submit any business information, idea, concept or invention to ACP or the Site, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, ACP a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for ACP to sublicense and make such Content available to other companies, organizations or individuals who partner with ACP for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms regarding Content use.
If you wish to keep any Content, information, Metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to ACP or the Site. You agree that in the event ACP receives any royalties, compensation or other payments associated with exercising the rights granted to it under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that ACP may, in its sole discretion, use any Content for which it has a License in a manner that may link to, refer to or reference your name, such as use of your Content on the Site or an affiliated or partner website.
You acknowledge and agree that ACP may archive, preserve, store or use any Content and Metadata you submit, post or upload to the Site and may also disclose that Content and Metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any Content or Metadata violates the rights of third-parties; or (4) protect the rights, property, or personal safety of ACP, the Site, its users and the public.
Limits on Liability. ACP will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by ACP that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by ACP or its affiliates, but not actually affiliated with, controlled, owned, or operated by ACP;
- any damages or injury caused by a failure of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. ACP shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. ACP reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products, services and packages described on the Site, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. ACP does not endorse or represent the reliability, accuracy or quality of any information, or non-ACP goods, services or products displayed or advertised on the Site. ACP makes no representations or warranties, express or implied, with respect to the information provided on this Site.
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites on the Site should not be interpreted as endorsement or approval by ACP of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because ACP has no control over third-party websites and resources, you acknowledge and agree that ACP is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that ACP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by ACP or its affiliates in writing, you agree not to modify, sell, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by ACP are the copyright of ACP. All rights reserved. You agree that all of ACP’s trademarks, trade names, service marks, logos and service names are trademarks and are property of ACP (the “ACP Marks”). You agree not to display or use in any manner the ACP Marks, without the prior written permission of ACP.
No Reproduction or Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, defend and hold ACP, its affiliates and its and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (or any materials available on the Site), your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
ACP does not assume responsibility to you or others for any failure by ACP to enforce the provisions contained in the Terms.
You agree that ACP, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if ACP believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ACP may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that ACP may immediately bar any further access to the Site. Further, you agree that ACP shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that ACP may establish general practices and limits concerning your use of the Site. You agree that ACP has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. ACP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ACP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that ACP reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, ACP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE ACP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. ACP MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACP OR THROUGH OR FROM THE SITE SHALL CREATE A WARRANTY.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You and ACP agree that these Terms and the relationship between you and ACP shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict of laws analysis. You and ACP hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the District of Columbia for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and ACP irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
ACP’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ACP in writing.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
In the event of any conflict between these Terms and the membership agreement, the membership agreement will control.
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