Terms of Service
Welcome to the Advanced Concepts™ web site, acredding.com.
By using our site you agree to the following terms and conditions, and any policies,
guidelines or changes that may be presented to you from time to time
(collectively known as the "Terms of Service").
We may update the Terms of Service in the future, and you will be able to find the most
current version of this agreement on our website.
1. USE OF OUR WEBSITE
Advanced Concepts™, its subsidiaries and affiliated companies ("ca|micro") offer use of our site to you,
provided that you are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable jurisdiction.
In order to access certain services, you may be required to provide current,
accurate identification, contact, and other information as part of the registration
process and/or continued use of acredding.com. For your account password, you are responsible for
maintaining the confidentiality, and are responsible for any and all activities occurring
under your account.
If there is any unauthorized use of your password or account (if any) you agree to immediately notify
Advanced Concepts™. This includes any other possible breach of security of your account.
Advanced Concepts™ cannot and will not be liable for any loss or damage if you
fail to keep your password secure or provide us with accurate information.
2. YOUR REQUIRED CONDUCT
You understand that all data, text, information, sound, photographs, graphics, video, messages
or other materials ("Content") are the sole responsibility of the person from which such
Content originated. Advanced Concept reserves the right, but shall have no obligation,
to pre-screen, refuse or move any Content available via acredding.com.
You agree that you are responsible for your own conduct and any Content that you create,
transmit or display while using acredding.com and for any consequences thereof.
You agree to use acredding.com only for purposes that are legal, proper and
in accordance with the Terms of Service and any applicable policies or guidelines.
You agree that you will not engage in any activity that interferes with or disrupts
acredding.com or servers or networks connected to acredding.com.
To report any activity or Content that may violate the Terms of Service, please go to the
contact page: http://www.acredding.com/contact.php
In addition to this agreement, your use of some specific parts of acredding.com is
governed by the policies or guidelines that are presented to you when you
sign up for or access the site, and which are specifically incorporated into this
Terms of Service.
Users outside of the United States agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the export of
data to and from the United States or your country of residence.
3. Advanced Concepts™ PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy at
http://www.acredding.com/privacy.php. By using Advanced Concepts&trade website, you acknowledge
and agree that Advanced Concepts™ may access, preserve, and disclose your account
information and any Content associated with that account if required to do so by
law or in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable
governmental request, (b) enforce this Terms of Service, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues (including, without limitation, the filtering of spam),
or (d) protect against imminent harm to the rights, property or safety of Advanced Concepts™,
its users or the public as required or permitted by law.
You understand that the technical processing and transmission of acredding.com,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PROPRIETARY RIGHTS
Advanced Concept's Rights
You acknowledge and agree that acredding.com and any necessary software used
in connection with Advanced Concepts™ ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws and
treaties. You further acknowledge and agree that Content contained in sponsor
advertisements or presented to you through acredding.com is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Advanced Concepts™ or other proper third party rights
holders, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on acredding.com, Content or Software, in whole or in part.
Your Rights
acredding.com claims no ownership or control over any Content submitted,
posted or displayed by you on or through acredding.com. You or a
third party licensor, as appropriate, retain all patent, trademark and copyright to
any Content you submit, post or display on or through acredding.com and
you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Content on or through acredding.com
which are intended to be available to the general public,
you grant Advanced Concepts™ a worldwide, non-exclusive, royalty-free license to
reproduce, adapt and publish such Content on acredding.com solely for
the purpose of displaying, distributing and promoting acredding.com.
This license terminates when such Content is removed from the acredding.com
to which you originally submitted. Advanced Concepts™ reserves the right to syndicate
Content submitted, posted or displayed by you on or through acredding.com
and use that Content in connection with any of the services offered by Advanced Concepts™.
Advanced Concepts™ furthermore reserves the right to refuse to accept, post, display or
transmit any Content in its sole discretion.
5. GENERAL PRACTICES OF USE
You agree that Advanced Concepts™ has no responsibility or liability for the deletion
or failure to store any Content and other communications maintained or transmitted
by Advanced Concepts™. You acknowledge that Advanced Concepts™ has set no fixed upper
limit on the number of transmissions you may send or receive through Advanced Concepts™
website; however, we retain the right, at our sole discretion, to create limits at
any time with or without notice.
6. NO RESALE OF ALLOWED
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of acredding.com, use of acredding.com, or access
to acredding.com.
7. MODIFICATIONS TO WEBSITE
Advanced Concepts™ reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, acredding.com (or any part thereof)
with or without notice. You agree that Advanced Concepts™ shall not be liable to you or
to any third party for any modification, suspension or discontinuance of acredding.com.
8. TERMINATION
You may discontinue your use of acredding.com at any time.
You agree that Advanced Concepts™ may at any time and for any reason, including a
period of account inactivity, terminate your access to acredding.com,
terminate the Terms of Service, or suspend or terminate your account (if any).
In the event of termination, your account will be disabled and you may not be
granted access to acredding.com, your account or any files or other content contained
in your account.
9. LINKS
acredding.com may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Advanced Concepts™ has no control over such
sites and resources, you acknowledge and agree that Advanced Concepts™ is not responsible
for the availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources.
You further acknowledge and agree that Advanced Concepts™ shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
10. INDEMNITY
You agree to hold harmless and indemnify Advanced Concepts™, and its subsidiaries,
affiliates, officers, agents, and employees, advertisers or partners, from and
against any third party claim arising from or in any way related to your use of
acredding.com, violation of this Terms of Service or any other actions
connected with use of acredding.com, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a case,
Advanced Concepts™ will provide you with written notice of such claim, suit or action.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.
YOUR USE OF ACREDDING.COM IS AT YOUR SOLE RISK.
ACREDDING.COM INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Advanced Concepts™ EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
2.
Advanced Concepts™ DOES NOT WARRANT THAT (i) ACREDDING.COM WILL MEET YOUR REQUIREMENTS,
(ii) ACREDDING.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACREDDING.COM WILL BE ACCURATE
OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH ACREDDING.COM WILL MEET YOUR EXPECTATIONS
3.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ACREDDING.COM IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 ACREDDING.COM
OR THROUGH OR FROM ACREDDING.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Advanced Concepts™ SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Advanced Concepts™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ACREDDING.COM; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM ACREDDING.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ACREDDING.COM;
OR (v) ANY OTHER MATTER RELATING TO ACREDDING.COM.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY,
RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. NOTICE
You agree that Advanced Concepts™ may provide you with notices, including those regarding
changes to the Terms of Service, by email, regular mail, or postings on acredding.com.
15. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments
that may be presented to your form time to time) constitute the entire agreement between
you and Advanced Concepts™ and govern your use of acredding.com, superceding any prior
agreements between you and Advanced Concepts™ for the use of acredding.com. You also may
be subject to additional terms and conditions that may apply when you use or purchase
certain other Advanced Concepts™ services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and
Advanced Concepts™ shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and Advanced Concepts™ agree to submit
to the personal and exclusive jurisdiction of the courts located within the county
of Shasta, California.
Waiver and Severability of Terms. The failure of Advanced Concepts™ to exercise or
enforce any right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms of Service remain in full
force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of acredding.com or the
Terms of Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal
or contractual effect.
