Effective Date: December 18, 2020
1.1 By accessing or using the Website, you represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them. You are responsible for compliance with the laws of the jurisdiction where you access the Website.
1.2 We reserve the right to make changes to these Terms at any time, in accordance with applicable law. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted on the Website or through some other reasonable method. Amended Terms will take effect immediately when they are posted. If you do not accept a change, supplement, or other modification discussed in this section then you are free to stop using the Website. Your use of the Website under these changes, supplements, or other modifications shall constitute your acceptance of them.
1.3 You consent to transact with us electronically and receive legal notices and other communications electronically, either by e-mail, text messaging, push notifications (in accordance with your device settings), or by notices posted on the Website. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Website.
2 LICENSE AND INTELLECTUAL PROPERTY
2.1 As between you and us, we own the Website, including, without limitation, all software, text, graphics, tools, links, recommendations, and other content or material provided in or through use of the Website (all of which form part of and are collectively referred to as the “Website” herein), and all worldwide intellectual property rights in the foregoing. We grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Website for your personal and non-commercial use and for their intended use only.
2.2 Any trademark, service mark, logo or trade name contained on the Website belongs exclusively to us, our sponsors, or our licensors, and you may not use or display such trademarks without our permission. Nothing in these Terms grants you any right to use any trademark, service mark, logo or trade name of ours or any third party.
3 YOUR OBLIGATIONS
3.1 You agree to provide only true, accurate, current and complete information when submitting information through the Service and to maintain and promptly update that information so as to keep that information true, accurate, current and complete. You consent and authorize us to verify the information that you provide.
3.2 You agree not to use the Website to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise illegal, tortious or objectionable; (b) impersonate any person or entity, including, but not limited to, an employee of us or any partner, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) transmit or otherwise make available any content that you do not have a right to make available, that contains a software virus or any other computer code, file or program, which might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Website or any server or network connected to the Website or take any action intended or reasonably expected to harm us or any other entity; and/or (e) violate any applicable local, state, federal or international law.
3.3 You agree to (a) not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website (b) not attack our website via a denial-of-service attack or a distributed denial-of service attack (c) not take any action that imposes an unreasonably or disproportionately large load on the website’s infrastructure (d) not use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website (e) not use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the website other than the search engine and search agents available from the website and other than generally available third-party web browsers and, (f) not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the website.
THE WEBSITE IS PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’, AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, sATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR BE FREE OF ERROR. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SECURITY OR SAFETY OF THE WEBSITE OR ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR ANY POINTS OR PRIVILEGES REFERENCED in the WEBSITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING AND USING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE RESULTING FROM ANY VIRUS.
5 THIRD-PARTY WEBSITES
The Website may provide links or access to third-party websites and services outside our control. We do not endorse, recommend, or otherwise accept responsibility for any of these third party websites or services, and we make no representation or warranties of any kind regarding them. We are not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.
6 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND WILL NOT BE LIABLE FOR ANY DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (INCLUDING, WITHOUT LIMITATION, BODILY HARM, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE)) ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE WEBSITE, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE WEBSITE, (C) ANY PHYSICAL ACTIVITY, personal injury, or property damage arising from or RELATED TO your use of THE SERVICE, OR (D) OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE OR OUR PARTNERS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO $100.
If you have an inquiry regarding Accumulus Synergy, you may contact using the form on our Website.