1. Acceptance of Terms
By accessing and using the Sites, you accept and agree to be legally bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you should not access or use the Sites. In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority and capacity to accept these Terms on such entity's behalf.
a. Changes to Terms
We encourage you to review the Terms regularly to know about our practices. Accu-Tech reserves the right to modify, amend or update these Terms at any time and for any reason. If we make changes, we will let you know by revising the date at the end of the Terms. In some cases, we may also provide you with additional notice (such as sending you an email notification if you've provided your email address). Any changes we make to these terms will be effective immediately upon posting. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.
b. Language of the Terms
Where Accu-Tech has provided a foreign translation of the English language version of the Terms, the translation is provided for your convenience only and you agree that the English language version of the Terms will govern your usage of the Sites. If there is any contradiction between the English language version of the Terms and a translation, then the English language version will take precedence. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.
2. Scope of Use
On the condition that you fully comply with these Terms, Accu-Tech grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Sites.
The use, reproduction, transmission or distribution of any information, software or other material made available through the Sites for anything other than your company's internal commercial use to conduct business with Accu-Tech without the prior written consent of Accu-Tech is strictly prohibited. You may use the Sites only for purposes that are lawful and permitted by the Terms. Gathering data from the Sites through harvesting, screen scraping or other automated means is strictly prohibited. You may not to access (or attempt to access) or systematically retrieve data from, any part of the Sites through any automated means (including use of scripts, bots or web crawlers). You will not engage in any activity that interferes with or disrupts the Sites or interferes with any other party's use and enjoyment of the Sites.
a. Creating Accounts
When you create an account on the Sites, you are responsible for maintaining the security of your account and to promptly notify us if you discover or suspect any security breaches. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Accu-Tech reserves the right to deny, deactivate, or terminate any account at our discretion.
b. Enterprise Accounts
If you are accessing or using the Sites on behalf of a corporate entity, you may have the ability to register for an enterprise account and to create subaccounts for authorized users. We will evaluate each application and reserve the right to accept or reject it in our sole discretion.
If an application is accepted, one individual can be appointed to serve as the account administrator. The administrator will then have the ability to create and approve accounts for authorized users. Account administrators (and not Accu-Tech) are solely responsible for creating, approving, configuring, managing, maintaining and deleting authorized user accounts, as needed.
Authorized users are responsible for their own actions in connection with the Sites, but administrators and corporate entities also agree to be fully responsible for actions taken by authorized users relating to the Sites and the enterprise account.
c. User Content
The Sites may contain message boards and other areas where you may post or upload messages or other user-generated content such as video, photos, blogs, comments, or other materials (collectively, "User Content"). You are solely responsible for all User Content you upload or post to the Sites. Accu-Tech does not control the User Content and, as such, makes no representation or warranty as to the accuracy, integrity or quality of such User Content. In no event shall Accu-Tech assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on the Sites.
You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content does not and will not infringe, violate or misappropriate any intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You acknowledge that Accu-Tech may or may not pre-screen User Content, but that Accu-Tech and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available on the Sites. Without limiting the foregoing, Accu-Tech and our designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
If you post or upload any User Content to the Sites, you further agree to the following rules of conduct:
d. Suggestions submitted to Accu-Tech through the Sites
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to Accu-Tech through our suggestion or feedback pages or otherwise, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Accu-Tech is not under any obligation of confidentiality, express or implied, with respect to the Suggestions (c) Accu-Tech may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) Accu-Tech may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of Accu-Tech without any obligation of Accu-Tech to you and you hereby assign to Accu-Tech all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from Accu-Tech under any circumstances.
If you purchase products made available by Accu-Tech ("Products") through our online store, such Product sales are subject to and governed by the Accu-Tech Terms and Conditions of Sale, which are hereby incorporated by reference, in addition to these Terms.
4. Intellectual Property
The Sites contain text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively "Accu-Tech Materials") that are protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Accu-Tech Materials and all rights therein are the exclusive property of Accu-Tech or our licensors. Without limiting the generality of the foregoing, Accu-Tech owns copyright in the selection, coordination, arrangement and enhancement of the Accu-Tech Materials, as well as in some or all of the content original to it. You may not screen scrape, copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Accu-Tech Materials in whole or in part without the express written permission of Accu-Tech and our licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Accu-Tech Materials by use of the Sites.
Accu-Tech's and our subsidiaries' and affiliates' trademarks, trade names, service marks and other Accu-Tech logos and brand features (collectively, "Accu-Tech Marks") are the exclusive property of Accu-Tech or our subsidiaries or affiliates. Without Accu-Tech's prior written permission, you may not display or use the Accu-Tech Marks in any manner. All other trademarks on the Sites are the property of their respective owners (for example, our third-party product manufacturers).
Accu-Tech does not claim ownership of any User Content you post, submit or upload to the Sites. By submitting, posting or uploading User Content to the Sites, you automatically and hereby grant to Accu-Tech, our affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed without any obligation of compensation to you. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use. Accu-Tech reserves all rights not expressly set forth in these Terms.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Intellectual Property Rights Complaint Process and follow the instructions at that area.
5. Third Party Materials
We may make third party content, advertising or services available on the Sites as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the User Content that they post to the Sites. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Sites, you should be aware that these Terms and other Accu-Tech policies do not govern your use of other websites and services.
In order to establish a hyperlink to the Sites, you must contact Accu-Tech at firstname.lastname@example.org to obtain Accu-Tech's approval of the link. You may only use the text and images provided or approved by Accu-Tech, in the manner and location specified by Accu-Tech, and you must abide by the terms and conditions provided by Accu-Tech at that time.
7. Disclaimer of Warranty; Limitation of Liability
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AVAILABLE" BASIS. ACCU-TECH, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES (INCLUDING THIRD PARTY MATERIALS).
NEITHER ACCU-TECH, OUR SUBSIDIARIES AND AFFILIATES, EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITES OR THIRD-PARTIES AND YOU AGREE THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER MORE THAN $100 FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCU-TECH, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), EVEN IF ACCU-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree to indemnify and hold Accu-Tech, our subsidiaries and affiliates, and each of our respective directors, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) User Content you, or any of your authorized users, submit, post, transmit, modify or otherwise make available through the Sites; (b) any use or misuse of the Sites by you or any of your authorized users; (c) violation of these Terms by you or any of your authorized users; or (d) violation of any rights of another by you or any of your authorized users.
Accu-Tech reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Sites, features, information, materials or content on the Sites with or without providing notice to you. Accu-Tech will not be liable to you or any third party for any changes or discontinuance of the Sites or any part of the Sites.
Accu-Tech may terminate, limit or suspend your access to the Sites for any reason or for no reason at all, with or without notice, at Accu-Tech's discretion. You may cancel your account at any time by contacting us at Support@eAccu-Tech.com.
11. International Users
The Sites are administered by Accu-Tech from our offices in Alpharetta, Georgia, United States. Any materials published on the Sites may refer to products, programs, or services that are not available in your country. Consult your local Accu-Tech business contact in this regard or via email to Support@eAccu-Tech.com.
Furthermore, Accu-Tech makes no representation that the Sites are appropriate or available for use at other locations outside of the United States. Access to the Sites from territories where the Sites' content is illegal is prohibited. You may not use the Sites or export information and materials in violation of the export laws of the United States or any other country. If you access the Sites from a location outside of the United States, you are responsible for compliance with all applicable laws.
By accessing or using the Sites, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
12. Consent to Electronic Communications
By using the Sites, you agree that we may communicate with you electronically regarding your use of the Sites and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at Support@eAccu-Tech.com.
13. Governing Law; Venue; Arbitration
Your use of the Sites is subject to all applicable local, state, national and international laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute between the parties that is not subject to arbitration shall be resolved in the state or federal courts located in Atlanta, Georgia.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ACCU-TECH AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ACCU-TECH.
In the event of any controversy or claim arising out of or relating in any way to these Terms, you and Accu-Tech agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of sixty (60) days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Atlanta, Georgia. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Accu-Tech are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Accu-Tech intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) only to submit individual claims in arbitration and not seek to represent the interests of any other person or entity.
If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Atlanta, Georgia. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
a. Entire Agreement
These Terms constitute the entire agreement between you and Accu-Tech regarding your use of the Sites, superseding any prior version of these Terms between you and Accu-Tech with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
b. Separate Agreements
You may have other agreements with Accu-Tech or our affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Accu-Tech.
c. No Professional Advice
The information available on the Sites is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on the Sites is at your own risk.
d. 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 the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Waiver and Severability of Terms
The failure of Accu-Tech to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect.
f. Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending an email to Support@eAccu-Tech.com with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms without Accu-Tech's prior written consent. Accu-Tech is permitted to assign our rights under these Terms in our sole discretion.
These Terms were last revised on January 24th, 2020.