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Last Updated 04/08/2021

 

Website Terms & Conditions

 

These Terms & Conditions ("Terms") govern your access to and use of The Association for Commercial Equipment Solutions, LLC ("ACES" and "the Association") Web site ("Site" and "the Site"). Please read all information carefully. By using this Web site, Users agree to be bound by these Terms. The Site is available for Your use only on the condition that You agree to the terms of use set forth below. If You do not agree to all of the Terms, do not access or use the Site. By accessing or using the Site, You and any Entity You are authorized to represent signify Your agreement to be bound by the Terms. You should periodically review these Terms as ACES may revise them from time to time as may be necessary.

 

Terms

 

You agree to review these Terms each time you access and use the Website and to be bound by such terms of use as are in effect at the time when you access the Website.  By using this Site or any ACES social media platform, You are acknowledging and agreeing that You've read this disclaimer, understand it, and are waiving any cause of action you may have against ACES.

 

Intellectual Property

 

Any and all intellectual property rights ("Intellectual Property") associated with the Site and its contents (the "Content") are the sole property of ACES, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied in whole or in part. All logos, graphics, and other items that appear on the Site are trademarks, service marks or trade dress ("Marks") of ACES, its affiliates or other entities that have granted ACES the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of ACES.  To the best of our knowledge, materials on this Site or any site to which we link are those of its copyright owner.  If You see information or materials on this, or an affiliated website or an ACES social media platforms in which You claim a copyright that You believe is being infringed, please provide the required notification under Title 17, United States Code, Section 512(e) to Lawson Newton, Esq at 160 Charlois Blvd, Winston-Salem NC 27103, [email protected]

 

Subject to the Terms and Conditions herein, and Your compliance with them, ACES grants to You a limited and revocable non-exclusive, non-transferable license to access and display this Website, all software, text, graphics, logos, images, design elements, Content, and all other information and materials contained in this Website (collectively, "ACES Materials"). Except as otherwise expressly authorized by these Terms or as expressly permitted by ACES in writing, You may not copy, reproduce, download, disseminate, publish, frame, mirror, transfer, modify, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property, Content, ACES Materials, and Marks of the Site in any way, in any form or by any means, without ACES' or the appropriate third party's prior written permission. Except as expressly provided herein, ACES does not grant to You any express or implied rights to ACES' or any third party's Intellectual Property, ACES' Materials, Content, and/or Marks. You may not use any meta tags or other hidden text using ACES' name or any ACES Material without ACES' prior written consent.

 

 

Use of Website

 

In using the Website You agree not to:

a. disrupt or interfere with the security of, or otherwise abuse, the Website or any ACES' Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any ACES' Material, or affiliated or linked websites;

b. access, tamper with, or use non-public areas of the Website, and You acknowledge that unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;

c. frame the Website within another website or webpage; or

d. use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website.

 

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or right of ACES or any of its affiliates, or any licensors of any of the foregoing.

 

Social Media

 

ACES has established platforms on third-party hosted social media sites such as Facebook, LinkedIn, Twitter, YouTube, and others. ACES has established these platforms for the benefit of Members and the public. These platforms are covered by the ACES' Website Terms and Conditions and Privacy Policies. Use of these platforms will not be moderated or monitored except on an infrequent basis or as issues are brought to the attention of ACES. The opinions and views expressed on these platforms by Members and the public do not reflect the views of ACES. ACES reserves the right to edit or remove any objectionable material or prohibit individual users from posting for any reason. Users of these platforms are cautioned that they are hosted by third-parties and governed by the privacy, terms and conditions, and other policies of the third-party host.

 

Member Section

 

Portions of the Website are available only to certain Members of ACES. Unless You are a current Member whose ACES Membership entitles You to access, You are not authorized to view the ACES Members Only area. Unauthorized entry is prohibited and subject to prosecution under the laws of the United States and its states and possessions. Each Member is assigned a user name and password for that Member's sole use in accessing the ACES Member Only portion of the Website. If You are an ACES Member with access to the restricted portions of the Website, You agree not to allow others to access the ACES Members Only portion using Your user name and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities which occur under Your username and password. You agree to pay all fees and charges incurred in connection with Your username and password in effect at the time such fees and charges are incurred. You agree to immediately notify ACES of any unauthorized use of Your username and password or of any other breach of security.

 

Liability, Including Linked Sites

 

ACES is providing materials and Content on this Site for informational purposes only. While it is ACES' intent to provide accurate information ACES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, BENEFITS, PRODUCTS, SERVICES, TRAINING AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, BENEFITS, PRODUCTS, SERVICES, TRAINING AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, BENEFITS, PRODUCTS, SERVICES, TRAINING AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

 

IN NO EVENT SHALL ACES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, BENEFITS, PRODUCTS SERVICES, TRAINING AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF ACES FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEBSITE, OR ACES' MATERIAL, INFORMATION, BENEFITS, TRAINING, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

 

Without limitation and notwithstanding anything to the contrary, ACES, to the extent permissible by law, shall not be responsible for and shall not be liable to You or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data, or otherwise arising out of or in connection with:

 

a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between You and the Website, or which prevent information, materials, messages or instructions from being transmitted in whole or in part between You and the Website;

b. Your inability to access, at any time, any part of the Website or any ACES' Materials or Content provided on it;

c. interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;

d. lack of suitability, reliability, timeliness or availability of the Website, ACES' Material, Content or products or services offered on the Website; or

e. ACES' failure to take corrective measures.

Your sole and exclusive remedy is to discontinue using and accessing the Website.

 

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Throughout this Site, hyperlinks to non-ACES Web sites are provided for all Users' convenience. Such external Web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of ACES. ACES does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such Web sites. As such, ACES assumes no liability for the currency, accuracy, or availability of any information on these Web sites. Use of any information obtained from such Web sites is voluntary, and reliance on such information should only be undertaken after an independent review by qualified experts. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by ACES.

 

Indemnification

 

By using this website, You agree to defend, indemnify, and hold ACES harmless from any and all liabilities, costs, and expenses, including attorneys' fees, related to any violation of these Terms and Conditions by You.

 

Privacy

 

View ACES' Privacy Policy here

 

General

 

This Agreement is governed by the laws of the State of North Carolina. You hereby consent to the exclusive jurisdiction and venue of courts in Forsyth County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and ACES as a result of this agreement or use of this Site. ACES' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACES' right to comply with governmental, court and law enforcement requests or requirements relating to Your use of this Site or information provided to or gathered by ACES with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ACES with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and ACES with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Modification of these Terms

 

ACES may modify, alter, or otherwise update these Terms and additional terms and conditions applicable to the Website, including eliminating or discontinuing any content on or feature of the Website, or changing any fees or charges for use of the Website or product or services available on the Website, at any time by updating this posting. We will provide additional notice in advance if material changes are being made to these Terms, which ACES may provide by any means permitted under applicable law (e.g., a disclaimer on our website or an email to subscribers/Members). Your continued use of the Website after such notice shall be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. You agree to review these Terms each time You access and use the Website and to be bound by such terms of use as are in effect at the time when You access the Website.