LAST UPDATED: July 28, 2017
ACCEPTANCE OF TERMS
By accessing and using the Site, you agree to these Terms and to any additional rules that we may post on the Site. You understand that we may make changes to these Terms and any rules in our sole discretion from time to time. Your access to or use of the Site following any changes or updates constitute your acceptance of those changes.
INTENDED USE OF THE SITE
You may not use or otherwise exploit the Site and/or any content in connection with any business or commercial undertaking (whether or not for profit). Your use of the Site and/or content must at all times comply with all applicable laws, rules and regulations.
Certain aspects of the Site, its features, or its content may have age restrictions. Those restrictions will be clearly marked on this Site and you may be asked to verify your age before proceeding. By accessing and/or using the Site, you affirm that you are of legal age to enter into these Terms, or if you are not, that you have obtained parental or guardian consent to enter into these Terms.
CONTENT WE MAKE AVAILABLE ON THE SITE
ACCB may make available on the Site, content, including (but not limited to) information, comments, reviews, and other texts, photos, pictures, images, films, movies, music, and other audio files, software, applications or games (together, “Content”). We, our affiliated entities, and/or licensors own all Content made available through the Site. Such Content is subject to copyright, trademark, or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that ACCB or its licensors own the trademarks found on the Site and all associated trade names, service marks and logos. All other trademarks used on the Site are the property of their respective owners. ACCB trademarks and logos may only be used in conjunction with goods distributed by ACCB or with the express prior approval of ACCB. For the avoidance of doubt, the ACCB corporate logo may only be used by ACCB.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE, IF ANY) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
RULES OF CONDUCT
In using the Site, you agree to comply with the following "Rules of Conduct" as updated from time to time by us. You understand that ACCB will fully cooperate with any law enforcement authorities and/or court order requesting or directing ACCB to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and ACCB reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.
You are prohibited from posting or transmitting, through or in connection with the Site:
· Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
· Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
· Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation;
· Any material non-public information about a company without the proper authorization to do so;
In addition, you may not:
· Use the Site for any fraudulent or unlawful purpose;
· Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
· Impersonate any person or entity, including any of our (or our affiliated entities') representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
· Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
· Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
· Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
· Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
· Reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of, use of, or access to the Site;
· Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
· Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
· Frame or mirror any part of the Site without our express prior written consent;
· Create a database by systematically downloading and storing all or any Site content; or
· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
LIMITATION ON LIABILITY
while we endeavor to maintain the information on this site as accurate and up-to-date, you acknowledge that this site and all content, information and materials made available through this site are provided to you "as is" without any express warranties or representations of any kind. accb, its affiliated entities and their respective licensors disclaim all statutory and implied representations, warranties, terms and conditions with respect to this site and all content, information and materials made available through this site, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. we do not promise that this site, or any information, content or materials made available through this site, will be accurate, reliable, complete, error free or compatible with any particular hardware or software. without limiting the foregoing, accb, its affiliated entities and their directors, officers, owners, employees, agents, representatives, licensors and providers make no representation or warranty (a) regarding the statements, acts or omissions of any third parties; (b) that this site and/or any of its features will be available on a timely basis, or that access to this site and/or any of its features will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the site or the servers or networks through which the site is made available are secure or free of viruses or other harmful components.
neither accb nor its affiliated entities, nor any of its agencies, nor any other party involved in creating, producing, or delivering the site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the site, its features or any content made available through the site, even if advised in advance of such damages or losses. to the extent permitted by applicable law, our maximum liability for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise shall be the total amount paid by you to us to access and use the site.
it is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
except to the degree prohibited under applicable law, you agree to defend, indemnify, and hold harmless accb, its affiliates, and any other party involved in creating, producing or delivering the site and their respective directors, officers, employees, agents, shareholders, owners, licensors and representatives, from and against all claims, losses, costs and expenses (including legal fees) arising out of your use of or activities associated with the site (collectively, “claims”), including, but not limited to: (i) any claims arising from or related to any violation of these terms by you or (ii) any claims asserted by any of your representatives.
These Terms are effective until terminated. You agree that we may terminate your access to or use of the Site or any portion thereof, at any time, if you breach these Terms, or we reasonably believe that you have breached these Terms, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the Site. The following paragraphs shall survive any expiration or termination of these Terms:
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its choice of law provisions. By using the Site, you agree to the exclusive jurisdiction by the federal and state courts located in Allegheny County, Pennsylvania and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
These Terms are independent and severable. Whenever possible, each provision of these terms shall be construed so as to be interpreted in such manner so as to be effective and valid under applicable law. If any provision of these Terms or the application thereof to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or any other provision of these Terms or the application of such provision to other parties or circumstances.
NOTICES & UPDATES
Notices to you may be made by posting a notice (or a link to a notice) to the Site, by email, or by regular mail, in our sole discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. You agree that our licensors who make their Content available to us in connection with the Site are third-party beneficiaries under these Terms with the right to enforce the provisions of this Agreement that directly concern their content. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
We value your feedback. In the event you have a question or find that you have encountered an issue with the Site, please feel free to contact us by email at email@example.com, or by telephone at 1-844-690-2653.
YOU SHOULD PRINT, DOWNLOAD OR OTHERWISE RETAIN A COPY OF THESE TERMS AND ANY REVISED OR UPDATED VERSIONS FOR YOUR RECORDS.