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Accellus Website Privacy Policy |
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Your privacy is important to
you and to us. We firmly believe your business is
no one else's. we ensure and promise to help its
customers retain their privacy while they surf on
our website and the services we offer.
We won’t sell or give away your name, mail
address, phone number, email address, credit card
number or any other information to anyone accepted
over teh web.
We’ll use state-of-the-art security measures
to protect your information from unauthorized
users.
NOTICE
We will ask your email ID to keep you updated
about our services, offerings and benefits through
newsletter via email
If you do not want us to communicate with you
about other offers regarding Accellus services,
programs, events, by email, postal mail, or
telephone, you may send us an email to webmaster@accellus.com
with subject line stating that you do not wish to
receive marketing messages from Accellus.
ENFORCEMENT
If for some reason you believe Accellus has not
adhered to these principles, please notify us by
email at Info@accellus.comand we will do our best
to determine and correct the problem promptly.
Accellus will disclose your personal information,
without notice, only if required to do so by law
or in the good faith belief that such action is
necessary to: (a) conform to the edicts of the law
or comply with legal process served on Accellus or
the site; (b) protect and defend the rights or
property of Accellus and its family of Websites,
and, (c) act in urgent circumstances to protect
the personal safety of users of Accellus, its
Websites, or the public.
Accellus shall have the right at any time to
change its policies above as necessary and will
notify our users through website.
Accellus Website Service Agreement/Terms of Use/Pricing
Policies
1. ACCEPTANCE OF TERMS The services that
Accellus provides to User is subject to the
following Terms of Use ("TOU"). Accellus reserves
the right to update the TOU at any time without
notice to User. The most current version of the
TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our
Web pages.
A. This Agreement, which incorporates by reference
other provisions applicable to use of accellus.com,
including, but not limited to, supplemental terms
and conditions set forth hereof ("Supplemental
Terms") governing the use of certain specific
material contained in accellus.com, sets forth the
terms and conditions that apply to use of
accellus.com by User. By using Accellus (other than
to read this Agreement for the first time), User
agrees to comply with all of the terms and
conditions hereof. The right to use accellus.com is
personal to User and is not transferable to any
other person or entity. User is responsible for
all use of User's Account (under any screen name
or password) and for ensuring that all use of
User's Account complies fully with the provisions
of this Agreement. User shall be responsible for
protecting the confidentiality of User's
password(s), if any.
B. Accellus shall have the right at any time to
change or discontinue any aspect or feature of
accellus.com, including, but not limited to,
content, hours of availability, and equipment
needed for access or use.
2.
PRICING AND INFORMATION DISCLAIMER
All pricing subject to change. For all prices,
products and offers, Accellus Group, Inc.
reserves the right to make adjustments due to
changing market conditions, product
discontinuation, manufacturer price changes,
errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
All orders below $100 will be charged $10
handling fee.
While Accellus Group, Inc. uses reasonable
efforts to include accurate and up-to-date
information on the Site, Accellus Group, Inc.
makes no warranties or representations as to the
Site's accuracy. Accellus Group, Inc. assumes no
liability or responsibility for any errors or
omissions in the content on the Site. Accellus
Group will be glad to send a formal quote to you
at any time, which assures accurate price &
availability.
3. Changed Terms Accellus shall have the right at
any time to change or modify the terms and
conditions applicable to User's use of accellus.com, or any part thereof, or to impose
new conditions, including, but not limited to,
adding fees and charges for use. Such changes,
modifications, additions or deletions shall be
effective immediately upon notice thereof, which
may be given by means including, but not limited
to, posting on accellus.com, or by electronic or
conventional mail, or by any other means by which
User obtains notice thereof. Any use of
accellus.com by User after such notice shall be
deemed to constitute acceptance by User of such
changes, modifications or additions.
4. DESCRIPTION OF SERVICES Through its Web
property, Accellus provides User with access to a
variety of 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 Web properties, are
subject to the TOU.
5. Equipment: User shall be responsible for
obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for
access to and use of accellus.com and all charges
related thereto.
6. User Conduct
A. User shall use accellus.com for
lawful purposes only. User shall not post or
transmit through accellus.com any material which
violates or infringes in any way upon the rights
of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give
rise to civil liability or otherwise violate any
law, or which, without Accellus 's express prior
approval, contains advertising or any solicitation
with respect to products or services. Any conduct
by a User that in Accellus's discretion restricts
or inhibits any other User from using or enjoying
accellus.com will not be permitted. User shall not
use accellus.com to advertise or perform any
commercial solicitation, including, but not
limited to, the solicitation of users to become
subscribers of other on-line information services
competitive with Accellus.
B. accellus.com contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music and sound, and the
entire contents of accellus.com are copyrighted as
a collective work under international copyright
laws. Accellus owns a copyright in the selection,
coordination, arrangement and enhancement of such
content, as well as in the content original to it.
User may not modify, publish, transmit,
participate in the transfer or sale, create
derivative works, or in any way exploit, any of
the content, in whole or in part. User may
download copyrighted material for User's personal
use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution,
retransmission, publication or commercial
exploitation of downloaded material will be
permitted without the express permission of
Accellus and the copyright owner. In the event of
any permitted copying, redistribution or
publication of copyrighted material, no changes in
or deletion of author attribution, trademark
legend or copyright notice shall be made. User
acknowledges that it does not acquire any
ownership rights by downloading copyrighted
material.
C. User shall not upload, post or otherwise make
available on accellus.com any material protected by
copyright, trademark or other proprietary right
without the express permission of the owner of the
copyright, trademark or other proprietary right
and the burden of determining that any material is
not protected by copyright rests with User. User
shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a
submission. By submitting material to any public
area of accellus.com, User automatically grants,
or warrants that the owner of such material has
expressly granted Accellus the royalty-free,
perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole
or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now
known or hereafter developed for the full term of
any copyright that may exist in such material.
User also permits any other User to access, view,
store or reproduce the material for that User's
personal use. User hereby grants Accellus the
right to edit, copy, publish and distribute any
material made available on accellus.com by User.
D. The foregoing provisions of Section 5 are for
the benefit of Accellus, its subsidiaries,
affiliates and its third party content providers
and licensors and each shall have the right to
assert and enforce such provisions directly or on
its own behalf.
7. USE OF SERVICES The Services may contain email
services, bulletin board services, chat areas,
news groups, forums, communities, personal web
pages, calendars, photo albums, file cabinets
and/or other message or communication facilities
designed to enable User to communicate with others
(each a "Communication Service" and collectively
"Communication Services"). User agrees to use the
Communication Services only to post, send and
receive messages and material that are proper and,
when applicable, related to the particular
Communication Service. By way of example, and not
as a limitation, User agrees that when using the
Communication Services, User will not:
- Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic,
name, material or information.
- Upload, or otherwise make available, files
that contain images, photographs, software or
other material protected by intellectual
property laws, including, by way of example, and
not as limitation, copyright or trademark laws
(or by rights of privacy or publicity) unless
User own or control the rights thereto or have
received all necessary consent to do the same.
- Use any material or information, including
images or photographs, which are made available
through the Services in any manner that
infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any
party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs
that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods
or services for any business purpose, unless
such Communication Services specifically allows
such messages.
- Download any file posted by another user of
a Communication Service that User know, or
reasonably should know, cannot be legally
reproduced, displayed, performed, and/or
distributed in such manner.
- Falsify or delete any copyright management
information, such as author attributions, legal
or other proper notices or proprietary
designations or labels of the origin or source
of software or other material contained in a
file that is uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information
about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of
misleading others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
any directory of users of the Services or other
user or usage information or any portion
thereof.
Accellus has no obligation to monitor the
Communication Services. However, Accellus reserves
the right to review materials posted to the
Communication Services and to remove any materials
in its sole discretion. Accellus reserves the
right to terminate User’s access to any or all of
the Communication Services at any time, without
notice, for any reason whatsoever. Accellus
reserves the right at all times to disclose any
information as it deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post
or to remove any information or materials, in
whole or in part, in Accellus's sole discretion.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage,
reproduction and/or dissemination; User is
responsible for adhering to such limitations if
User downloads the materials.
Always use caution when giving out any personally
identifiable information in any Communication
Services. Accellus does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, Accellus
specifically disclaims any liability with regard
to the Communication Services and any actions
resulting from User’s participation in any
Communication Services. Managers and hosts are not
authorized Accellus spokespersons, and their views
do not necessarily reflect those of Accellus.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any
of the Services requires User to open an account,
User must complete the registration process by
providing Accellus with current, complete and
accurate information as prompted by the applicable
registration form. User also will choose a
password and a user name. User is entirely
responsible for maintaining the confidentiality of
User’s password and account. Furthermore, User is
entirely responsible for any and all activities
that occur under User’s account. User agrees to
notify Accellus immediately of any unauthorized
use of User’s account or any other breach of
security. Accellus will not be liable for any loss
that User may incur as a result of someone else
using User’s password or account, either with or
without User’s knowledge. However, User could be
held liable for losses incurred by Accellus or
another party due to someone else using User’s
account or password. User may not use anyone
else's account at any time, without the permission
of the account holder.
9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE Any software that is made available to
download from the Services ("Software") is the
copyrighted work of Accellus and/or its suppliers.
Use of the Software is governed by the terms of
the end user license agreement, if any, which
accompanies or is included with the Software
("License Agreement"). An end user will be unable
to install any Software that is accompanied by or
includes a License Agreement, unless he or she
first agrees to the License Agreement terms.
The Software is made available for download solely
for use by end 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 severe civil and criminal penalties.
Violators will 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 ACCOMPANYING
SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT
ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, Accellus HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Accellus MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. Accellus DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEBSITE Permission to use Documents (such as white
papers, press releases, datasheets and FAQs) from
the Services is granted, provided that (1) the
below copyright notice appears in all copies and
that both the copyright notice and this permission
notice appear, (2) use of such Documents from the
Services is for informational and non-commercial
or personal use only and will not be copied or
posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents
are made. Accredited educational institutions,
such as universities, private/public colleges, and
state community colleges, may download and
reproduce the Documents for distribution in the
classroom. Distribution outside the classroom
requires express written permission. Use for any
other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
Accellus AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Accellus AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL Accellus AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Accellus AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
11. NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL
Accellus AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
12. MATERIALS PROVIDED TO Accellus OR POSTED AT
ANY OF ITS WEBSITES Accellus does not claim
ownership of the materials User provide to
Accellus (including feedback and suggestions) or
post, upload, input or submit to any Services or
its associated services for review by the general
public, or by the members of any public or private
community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting")
User’s Submission User is granting Accellus, its
affiliated companies and necessary sublicensees
permission to use User’s Submission in connection
with the operation of their Internet businesses
(including, without limitation, all Accellus
Services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce,
edit, translate and reformat User’s Submission; to
publish User’s name in connection with User’s
Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the
use of User’s Submission, as provided herein.
Accellus is under no obligation to post or use any
Submission User may provide and Accellus may
remove any Submission at any time in its sole
discretion. By Posting a Submission User warrants
and represents to own or otherwise control all of
the rights to User’s Submission as described in
these Terms of Use including, without limitation,
all the rights necessary for User to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are
otherwise graphical in whole or in part
("Images"), User warrant and represent that (a)
User is the copyright owner of such Images, or
that the copyright owner of such Images has
granted User permission to use such Images or any
content and/or images contained in such Images
consistent with the manner and purpose of User’s
use and as otherwise permitted by these Terms of
Use and the Services, (b) User have the rights
necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has
provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of
example, and not as a limitation, the
distribution, public display and reproduction of
such Images. By Posting Images, User is granting
(a) to all members of User’s private community
(for each such Images available to members of such
private community), and/or (b) to the general
public (for each such Images available anywhere on
the Services, other than a private community),
permission to use User’s Images in connection with
the use, as permitted by these Terms of Use, of
any of the Services, (including, by way of
example, and not as a limitation, making prints
and gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
User’s Images without having User’s name attached
to such Images, and the right to sublicense such
rights to any supplier of the Services. The
licenses granted in the preceding sentences for a
Images will terminate at the time User completely
remove such Images from the Services, provided
that, such termination shall not affect any
licenses granted in connection with such Images
prior to the time User completely remove such
Images. No compensation will be paid with respect
to the use of User’s Images.
13. Disclaimer of Warranty; Limitation of
Liability A USER EXPRESSLY AGREES THAT USE OF accellus.comIS AT USER'S SOLE RISK. NEITHER
Accellus, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT
accellus.comWILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF accellus.com, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH accellus.com.
B. accellus.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER SPECIFICALLY ACKNOWLEDGES THAT Accellus IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL Accellus, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING accellus.comOR THE Accellus SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE accellus.com. USER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE
NEITHER, Accellus, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN accellus.com, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF
THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. Accellus, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED
ON THE INFORMATION PROVIDED. NEITHER, Accellus,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE
OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL
OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES,
FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY
SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE.
THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE
SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS
AREA WILL LET YOU LEAVE Accellus'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF Accellus
AND Accellus IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. Accellus IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. Accellus IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY Accellus OF
THE SITE.
Accellus is a distributor (and not a publisher) of
content supplied by third parties and Users.
Accordingly, Accellus has no more editorial
control over such content than does a public
library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other
information or content expressed or made available
by third parties, including information providers,
Users or any other user of accellus.com, are those
of the respective author(s) or distributor(s) and
not of Accellus. Neither Accellus nor any
third-party provider of information guarantees the
accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for
any particular purpose.
In many instances, the content available through
accellus.comrepresents the opinions and judgments
of the respective information provider, User, or
other user not under contract with Accellus.
Accellus neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice
or statement made on accellus.comby anyone other
than authorized Accellus employee spokespersons
while acting in their official capacities. Under
no circumstances will Accellus be liable for any
loss or damage caused by a User's reliance on
information obtained through accellus.com. It is
the responsibility of User to evaluate the
accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through Accellus. Please seek the advice
of professionals, as appropriate, regarding the
evaluation of any specific information, opinion,
advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY Accellus OR
ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN Accellus'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO Accellus. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Accellus OR ANYONE AT
Accellus. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT Accellus MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
16. Monitoring Accellus shall have the right, but
not the obligation, to monitor the content of accellus.com, including chat rooms and forums, to
determine compliance with this Agreement and any
operating rules established by Accellus and to
satisfy any law, regulation or authorized
government request. Accellus shall have the right
in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on
accellus.com. Without limiting the foregoing,
Accellus shall have the right to remove any
material that Accellus, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable .
17. Indemnification: User agrees to defend,
indemnify and hold harmless Accellus, its
affiliates and their respective directors,
officers, employees and agents from and against
all claims and expenses, including attorneys'
fees, arising out of the use of Accellus by User
or User's Account.
18. Termination: Either Accellus or User may
terminate this Agreement at any time. Without
limiting the foregoing, Accellus shall have the
right to immediately terminate User's Account in
the event of any conduct by User which Accellus,
in its sole discretion, considers to be
unacceptable, or in the event of any breach by
User of this Agreement.
19. Miscellaneous: This Agreement and any operating
rules for accellus.com established by Accellus
constitute the entire agreement of the parties
with respect to the subject matter hereof, and
supersede all previous written or oral agreements
between the parties with respect to such subject
matter. This Agreement shall be construed in
accordance with the laws of Virginia, USA, without
regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings
used herein are for convenience only and shall not
be given any legal import.
20. COPYRIGHT NOTICE Accellus and its logos are
trademarks of Accellus Incorporated. All rights
reserved. All other trademarks appearing on
Accellus are the property of their respective
owners.
21. TRADEMARKS The names of actual companies and
products mentioned herein may be the trademarks of
their respective owners. The example companies,
organizations, products, domain names, email
addresses, logos, people and events depicted
herein are fictitious. No association with any
real company, organization, product, domain name,
email address, logo, person, or event is intended
or should be inferred.
Any rights not expressly granted herein are
reserved.
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