- This Agreement for the use of our Services and our Site may be modified from time to time without notice. In the event that you disagree with any future changes to this Agreement, please contact ACK immediately to discuss the impact of these changes to Your Account and to determine whether cancellation of Your Account would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel Your Account. **You agree that if you continue to access and use the Site, your continued access and use constitutes your acceptance of any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.**
- In the event that you do not agree with the Terms and Conditions of this Agreement, do not continue to use this Site and do not complete the registration process. Instead, please contact ACK at Customer Service and an ACK representative will be happy to discuss your concerns.
- We may require you to register to access and use certain Services. You may not have more than one Account on ACK otherwise; if multiple Accounts are found, we have the option of suspending and/or cancelling all Accounts with ACK. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; otherwise, if that is not true, we have the option of suspending Your Account with ACK. By registering, you certify that Your Account is only being used by you. A single user Account is not permitted to be used by multiple people. Otherwise, if multiple people are found using Your Account, we have the option of suspending and/or cancelling Your Account with ACK. Once you have registered an Account on the Site, the Account will never be deleted.
- You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under Your Account. You are solely responsible for the activity that occurs on Your Account, and you must keep Your Account password secure. You agree to notify ACK immediately at Customer Service of any unauthorized use of Your Account or any other breach of security you learn about. Although ACK will not be liable for your losses caused by any unauthorized use of Your Account, you may be liable for the losses of ACK or others due to such unauthorized use.
4. Email Communication
You must provide your electronic mail (“email”) address when registering to access any Service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution.) We also use your email address, when necessary, to communicate with you regarding the administration of the Site.
5. Use of the Site: Permissions and Restrictions
ACK hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the following restrictions and the Code of Conduct (“Code of Conduct”):
- ACK Services and Site are only available for use by individuals who are age 13 or over.
- The Services and Site may not be used by scripts, machines or automated Services without express written consent of the Site ownership.
- You must verify your email address to participate on the Site; however, your active subscription will continue even if your email address has not been verified.
- ACK and Site may be used only for lawful purposes. You may not use the Site to abuse other Members or to be involved in conduct that ACK finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the ACK Services or Site for any criminal or illegal activities or any activities that might be legally actionable.You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
6. Code of Conduct
The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other ACK Members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such ACK shall have full discretion to address any behavior that they feel is inappropriate. ACK reserves the right to suspend Your Account at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines. You are solely responsible for your interactions with other ACK Members. ACK reserves the right, but has no obligation, to monitor disputes between you and other Members. You shall not engage in any of the following activities, which are strictly prohibited under the Code of Conduct. We reserve the right to evaluate each incident on a case by case basis. The action we take may be more lenient or more severe than those listed under each category:
- Using a Username, Display Name, or Photo or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party’s privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of ACK, inappropriate for the ACK Membership.
- Impersonating any person or using a name or Account that you are not authorized to use.
- Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, publishing unauthorized serial numbers of products for reuse.
- Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Soliciting individuals to join other services comparable to or competitive with ACK.
- Posting links in open questions that encourage Members to use competing sites.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting, transmitting or linking to statements that are intentionally false, misleading or plagiarizes other works.
- Introducing or assisting the creation of viruses, worms, harmful codes or Trojan horses.
- Spamming, flaming or other similar activities, such as arguments between any one in a question.
- Misusing the ACK point system.
- Violating system and network security.
- Misusing system resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own Account.
- Altering or modifying the Site or Services without the express written permission of ACK.
- Making commercial use of the Site or Services, such as by selling access to the Site or Services, without the express written permission of ACK.
If you notice a problem with other Members not following the Code of Conduct, please notify us by contacting Customer Support. ACK reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If ACK believes that a violation of this Code of Conduct has occurred, ACK has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of Your Account and access to ACK Service. If Your Account is terminated due to a violation of the Code of Conduct, ACK shall have no obligation to refund to you any unused portion of your subscription fee.
ACK reserves the right to discontinue any aspect of the ACK Site or Services at any time.
7. Unanswered Questions
If you post a question and it remains inactive for 3 days, the question may be responded to by ACK representatives.
8. Product Reviews
ACK reserves the right to review all product reviews and disallow reviews that do not meet the code of conduct, furthermore, other users may flag reviews as inappropriate. If you feel a review has been removed or inaccurately flagged please contact Customer Service.
9. Suspended Accounts
10. Content License
- ACK enables Members to post questions, proposed answers, reviews, photos, information, comments and other content (“Your Content”) to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site with or without attribution.
- You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by ACK and its affiliates will not infringe upon or violate the rights of any third party. Before you use ACK Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
- By registering with ACK and posting Your Content on the Site, you hereby: (i) grant ACK a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed; (ii) grant ACK and its affiliates and sub-licensees the right to use the Username that you submit with Your Content for purposes of attribution; (iii) authorize ACK to assert and prosecute claims against any third-party making any unauthorized use of Your Content, including any use that violates this User Agreement (“Third-Party Claims); and (iv) appoint ACK as your attorney-in-fact for the purpose of asserting and prosecuting Third-Party Claims. If you do not wish to have Your Content attributed to you, then you must notify ACK at Customer Service.
11. ACK’s Property Rights
- The layout, design, concept and organization of the ACK Site and Services are subject to ACK’s patents, copyrights and other intellectual property rights. All rights are reserved.
- You acknowledge and agree that ACK owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the ACK Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
- You agree that you will obtain the express written permission from ACK before you copy, upload, transmit, reproduce, distribute or in any way exploit any ACK Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the ACK Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as ACK owns the intellectual property rights to this Site. This Agreement does not constitute a license to use ACK’s trade names, service marks or any other trade insignia. Any use of ACK’s trade names, services marks or any other trade insignia shall be subject to ACK’s prior written consent.
12. Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, ACK has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify ACK at 3106 Longhorn Bvld Austin, TX 78758. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
13. Disclaimers of Warranty
Other than providing a framework in which Members ask questions and other members provide answers and/or comments, ACK may not review or verify the content of postings at its Site. The members who participate at ACK have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which, other than the financial information contained therein, has not been reviewed or verified by us.
You understand that when using the ACK Site, you will be exposed to user submissions from a variety of sources, and that ACK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not ACK, are responsible for taking necessary precautions to avoid any harm from such files. You further understand and knowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ACK with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.
You expressly agree that use of ACK Site and Services is at your sole risk. The Site and the Services are provided on an “as is” basis.
ACK makes no representation or warranties of any kind, express or implied, as to the operation of the Site, the Services, or the information, content, including but not limited to pricing and product information accuracy, materials or products included on the Site or with the Services ACK disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ACK makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free. ACK does not warrant that the Site or Services are free of computer viruses or other harmful materials. Nor does ACK make any warranty as to the results that may be obtained from the used of the Services or as to the accuracy or reliability of any information obtained through the Services.
No advice or information, whether oral or written, obtained by you through the Services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
14. Limitation on Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall ACK, its affiliates, contractors, service providers, employees, agents, or licensors, or any other party involved in creating, producing or delivering the Services, technology or content available on the Services, be liable to you in any manner whatsoever: (i) for any decision made or action or non-action taken by you in reliance upon information provided through the Services; (ii) for loss or inaccuracy of data or cost of procurement of substitute goods, Services or technology; (iii) (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; (iv) for any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if ACK has been advised of the possibility of such damages.
Your sole and exclusive remedy with respect to the use of any Services provided by ACK shall be to discontinue of your Membership upon the expiration of the current term of your Membership. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
ACK provides its Services and Site to Members on the understanding that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless ACK, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys’ and experts’ fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Username and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; and (vi) any third party’s access or use of Your Content or your information and data. ACK reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of ACK, which shall not be unreasonably withheld.
16. Customer Support
ACK provides assistance and guidance through its Customer Support Department. The Customer Support Department will help you with questions about general Site use. For help with specific technology questions on the Site, please contact the firstname.lastname@example.org. When communicating with our Customer Support Department, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards anyone in our Customer Support Department or other employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Account.
17. Term, Termination and Cancellation
- This Agreement shall be effective for as long as you are a Member or use or access the Site or the Services.
- ACK may terminate your Membership immediately if, based on ACK’s sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of ACK Services or Site, (ii) infringing or violating any intellectual property right of ACK or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party. ACK reserves the right to refuse service to anyone for any reason at any time.
- The termination of your Account shall terminate your access to any Services for which registration is required. Neither ACK nor any affiliate of ACK shall be liable to you or to any third party for termination of the Services for any reason. If ACK terminates your Membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of Accounts shall be made in the sole discretion of ACK. ACK is not required to provide you notice prior to terminating your subscription and/or Account.
- Upon termination of this Agreement, the perpetual license you have granted to ACK shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their Terms.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of ACK, and in purported assignment in violation of this provision is void. ACK’s rights under this Agreement are fully assignable without prior notice to you.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
20. Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the ACK offices in Austin, TX USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Texas and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. The federal courts of the State of Texas located in Austin, Texas USA and the state courts located in Austin, Texas USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide ACK in connection with your subscription for Services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at ACK, and to you at the email address you provide ACK during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained