(B) A MEMBER IS A PERSON WHO HAS REGISTERED TO INTERACT WITH CERTAIN FEATURES OF THE SITE;
(C) A VISITOR IS ANY PERSON OR ENTITY WHO VISITS THE SITE FOR ANY REASON WHATSOEVER.
YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 14 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.
Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and ACS makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and ACS makes no effort to review, check or verify any news, data, or other information accessible or made available through this Site. ACS assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and ACS shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold ACS, its agents, employees, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation attorneys and accountants' fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS," "AS AVAILABLE," BASIS. IN NO EVENT SHALL ACS BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST ACS RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM "DAMAGES' AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION ATTORNEYS OR ACCOUNTANTS FEES.
ACS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
ACS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
CODE OF CONDUCT.
You agree not to use the Services to:
Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as "Post or Transmit") any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as "Content"), that is in any way i) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to ACS (all of the above hereinafter referred to as "Prohibited Content"), said Prohibited Content including without limitation Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in any way whatsoever;
Post or transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including without limitation a Customer or User of the Site;
Post or transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive, disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
Post or transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of ACS, the Site, Customers, Representatives, Members, Visitors, Users or others, including without limitation posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
Post or transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
Post or transmit any advertising, promotional information, commercial solicitation, "spamming," "flooding," or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any content;
Post or Transmit Content containing any request or opportunity to participate in contests, or sweepstakes;
Impersonate or misrepresent in any way your affiliation with any other person or entity, including without limitation ACS or that any Customer, Representative, Visitor or user, or company or employer or affiliate of a Customer, Representative, Visitor or user, or that any Content Posted or Transmitted by you is endorsed or approved by ACS.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site, you warrant to ACS that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will receive a password and account designation upon completing the Service's registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ACS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACS has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the organization for which ACS is serving as an Internet Software Provider (the Customer) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ACS cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove.
ACS reserves the right, in its sole discretion, to terminate your access to any or all ACS Sites and the related services or any portion thereof at any time, without notice.
This Site may contain links to other Internet sites, and without limiting the above, ACS does not endorse, vouch for or approve such sites or the content contained therein and is not responsible or liable for said content. You link to other sites at your own risk.
JURISDICTION; GOVERNING LAW.
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