Terms of Use
1. Introduction
This website, acornadaptive.com, ("the website", "our website", "the Service", or "the Services") is operated by Acorn Adaptive LLC ("Provider," "we," "our," "us").
By accessing or using our website, you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must not use our website.
You represent that you are over the age of 18. Provider does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Service.
2. Not Professional Advice
The information provided on our website is for general informational and educational purposes only. It is not intended as, and should not be considered, professional advice of any kind (e.g., financial, legal, medical, health, investment, or other professional advice). Always seek the advice of a qualified professional in the relevant field for any questions you may have regarding a specific issue or situation.
Any reliance you place on such information is therefore strictly at your own risk.
3. Intellectual Property Rights
All content provided by the Service, including text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Provider or its content suppliers and is protected by the laws of the United States of America and international copyright laws.
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You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- Specifically for downloadable PDF guides and other digital materials expressly made available for download, you may download one copy for your personal, educational, non-commercial use only.
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If we provide social media features with certain content, you may take such actions as are enabled by such features.
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You must not:
- Modify copies of any materials from this site, including downloaded PDF guides or other digital materials.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or extract content from downloaded digital materials for unauthorized use.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Share, redistribute, resell, or otherwise commercially exploit any downloaded PDF guides or other digital materials without our express prior written permission.
4. Links to Other Websites
Our website may contain links to third-party websites or services that are not owned or controlled by Provider.
Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITATION TO THE FOREGOING, PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF PROVIDER ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
6. Limitation of Liability
IN NO EVENT SHALL PROVIDER, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
7. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
8. Indemnification
You agree to defend, indemnify, and hold harmless Provider and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees), resulting from or arising out of a) your use and access of our website, or b) a breach of these Terms.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Ohio and the United States of America, without regard to its conflict of laws principles.
10. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The updated version will be indicated by the date at the beginning of these Terms and will become effective as soon as it is accessible. By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our website.
11. Severability
If any provision of these Terms is found by any court to be invalid, the remaining provisions of these Terms shall remain in force.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Acorn Adaptive LLC: [email protected]