VERSION DATE: January 5, 2021. Replaces the prior version in its entirety.
ACCESSING THE WEBSITE AND REGISTRATION
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website to users, including registered users.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software and the design, selection and arrangement thereof), is the property of the Company or its licensors or other content suppliers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.
Except as expressly provided in the Limited License section below, no content on the Website may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means without the Company’s written permission, except that the foregoing restriction does not apply to content that you provide to us. If you are eligible to use the Website, you are granted a limited license to access and use the Website and the Website’s content as set forth in the Limited License section below.
Acceleration Point and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
The Company grants you a limited license to access and make personal use of the Website. This license does not include any rights to resell or make commercial use of the Website or its contents; to collect or use postings for any purposes other than those expressly permitted by the Website; to make any derivative commercial use of the Website or its contents; or to use any data mining, robots, or similar data gathering or extraction tools. Neither the Website nor any portion thereof may be publicly displayed, reproduced, duplicated, modified, republished, downloaded, stored, transmitted, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permissions and licenses granted by the Company. You may not use any Company logo or other proprietary graphic or trademark as part of any reference to the Company without express written permission. Further, you agree that you will not circumvent, disable or otherwise interfere with security-related features of the Website.
Complaints that any material posted on the Website infringes a third party copyright generally are governed by the Digital Millennium Copyright Act (“DMCA”) which specifies certain procedures that must be followed by the complaining party and the Company. These procedures are detailed below and must be followed by any party seeking to have allegedly infringing content removed (or contesting such removal) from the Website. Please note that all statements and representations made in the notice and counter-notice below are made under oath and that any false statements or material misrepresentations may subject the party making such statements to liability, including prosecution for perjury.
- Notice and Take-Down Request. If you are a copyright owner and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):
- A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material (for instance, by supplying the URL of the page within the Website where the material that is the subject of the notice is located);
- Information sufficient to permit the Company to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work or works are being infringed.
The Company’s designated Copyright Agent to receive notifications of claimed infringement may be reached at the following e-mail and physical address:
Acceleration Point, LLC
119 Norfolk Ave., Suite 110
Roanoke, VA 24011
You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice may not be valid. Please note that if you submit a false claim or materially misrepresent that content on the Website is infringing, you may be liable for damages, including court costs and attorneys’ fees.
Upon receiving a proper notification of alleged copyright infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content at issue, you may send a counter-notice containing the following information to the Company’s Copyright Agent at the physical and/or e-mail address set forth in Section A above:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location within the Website at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
DISCLAIMERS, DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Company is not responsible or liable in any manner for any third party content, applications, software or content posted on or communicated within the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for any third party applications, software or content.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, visitor or registered user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Website or any combination thereof, including injury or damage to the computer of any registered user or visitor or other hardware or software, related to or resulting from using or downloading materials in connection with the Website. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any content posted by visitors, or personal injury or death, resulting from anyone’s use of the Website or any content posted on or through the Website or transmitted to visitors, or any interactions between visitors to the Website, whether online or offline.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE WEBSITE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY