Website Use Agreement
1. General Legal Terms.
1.1. In order to exercise the rights granted to you herein you must first agree to be bound by the terms and conditions of this Agreement, without counter offer, addition, deletion or variance, all of which are rejected by Accrisoft. If you view or use this site, or access any service from this site, or submit an account registration form, then your viewing, use or that access or registration is your acceptance of the terms and conditions of this Agreement (“Acceptance”), and this Agreement will be enforceable in the same way as if you had executed it and returned your executed copy to Accrisoft. You must exit this website without clicking “Accept”, or you must click “Reject”, if any of those options is provided to you, or if not then you must exit without using this site, and must not access any service, and must not register with Accrisoft through this site to reject this Agreement.
1.2. We may amend this Agreement at any time by posting the amended terms on this site. Your Acceptance of the amendment is made in the same manner described above as your Acceptance of this Agreement. The amendment is effective upon your Acceptance.
1.3. Our fictitious names and trademarks include Accrisoft, Freedom and Web Empowerment Software. In addition to our names and marks identified above in this Section 1.3, our site may contain, trademarks, trade names, service marks, logos, symbols or other proprietary designations of Accrisoft and unrelated third-parties
1.4. The use on this site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of any third-party, and the availability of goods or services from any third-party through this site, is not an endorsement or sponsorship of this site by the third-party or of the third party or its site of its goods or services by us, or the participation by the third-party in our offering of goods, services or information through this site or our participation in the third parties' offering of goods, services or information.
1.5. Nothing in this Agreement or on our website should be interpreted as an admission by us that our business is subject to registration or licensing in any state.
1.6. The patent, copyright, trademark, trade secrets and other intellectual property and proprietary rights (“Rights”) related to the content that makes up this site, the services offered and software licensed on this site, and the data and information collected on this site (collectively, “Content”), which includes, but is not limited to, all information, data of all types and description collected or input from any source, software, photographs, text, video, graphics, button icons, logos, music, sounds, user interfaces, and methods, are owned or licensed by Accrisoft and third parties, including Accrisoft's advertising clients, whose goods and services are offered for sale by them through active hyperlinks from this site.
1.7. Upon your Acceptance of this Agreement, and then for so long as this Agreement and or this license is not terminated as provided herein, Accrisoft grants to you a license revocable at Accrisoft's will at any time for any or no reason, to: (i) use our website to view Content that we specifically display for viewing; (ii) register with us as a customer and if registered to access services that we make available to registered customers on the website; (iii) utilize the active hyperlinks that we include on our website to link to our advertisers and sponsors. The licensed activities are limited to legitimate activities for your personal use and benefit, and not to any speculative, false, malicious or fraudulent activities.
1.8. Other than the rights granted in Section 1.7, you have no other rights or licenses with respect to use of our website, any Content, or any other material, goods or services provided by Accrisoft and, without limiting the generality of the foregoing, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, unlock, decrypt or otherwise attempt to derive source code or view the code of any Content. You also agree to not remove, obscure, or alter any Content, or any Rights notices.
1.9. Upon the termination, or during any suspension, of the of this Agreement or the license granted in Section 1.7, you must immediately cease all of the licensed activities.
1.10. Without limiting the generality of any other sub-section of this Section 1, any copying, modification, reproduction, performance, display, redistribution, retransmission, publication or incorporation of any Content into any other web site or other work of any downloaded material, or linking to, mirroring or framing our website, is prohibited. You agree not to use any “robot,” “spider,” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process having similar function or result, to monitor, copy get any data or other Content from our web site, or to interfere with the working of our site or to alter, remove or add to any Content or gather any email addresses. or to otherwise take any malicious act against our website or Content.
2.1. Purchasing our services or licensing our software through this website, whether for your own use or for resale in accordance with the terms of our other software licenses and customer and resale contracts that you agree to in other areas of this website or in writing, all of which are incorporated herein by this reference, are available only to customers who can form legally binding contracts under applicable law, who have registered with us pursuant to this Agreement, and who are not otherwise in breach of any term of this Agreement. If you are a minor either in the state of Florida, or in your state of citizenship, residency or location, then you do not qualify to use our services. We may refuse to provide our services to you if you do not qualify for services from us, or are otherwise in breach of any provision of this Agreement.
2.2. To become our customer or to license our software you must register with us, and provide us with all requested information, such as your name, address, telephone number, email address, and credit card information. You agree promptly to update your registration information to keep it complete and accurate. WE PROSECUTE those that register in a false name or with an invalid debit or credit card, and you agree that our systems may interrogate your computer to obtain information stored on it about you that can be used to verify your identity and other information, and to prosecute you if you commit any fraud.
2.3. You must choose your own password and identifiers to access your account with us. You are responsible for, and bear the risk of, the security and unauthorized use of your account with us, and you agree to hold us harmless against all liability related to any unauthorized use of your account, so please keep your password and ID secure. You agree that we may rely on, and you will be bound by, all information and instructions provided, by anyone logging into your account with your password and ID.
2.4. When you link to an Accrisoft advertiser or third party service provider using an active hyperlink, you are dealing directly with the advertiser or other third party and not with Accrisoft. All interactions and transactions between you and the advertiser or other third party are independent from your dealings and agreement with us. You agree that Accrisoft is not liable to you and you have no remedy against Accrisoft for any claim, loss, damage, expense or amount of any kind, including but not limited to, consequential, special, incidental or punitive damages or loss of profits, lost data, or for damages based upon strict or absolute liability in tort, damages in contract or by statute, caused directly or indirectly by any third party product or service accessed through our website (collectively, “Damages”) and you, on your behalf and on behalf of your successors, assigns, estate, heirs, executors, administrators, and insurers (each an “Indemnitor”), agree to defend (with counsel chosen by Accrisoft) and hold Accrisoft, its owners, officers, directors, agents, insurers and all others with potential liability derivative of it (each an “Accrisoft Indemnitee”), harmless against all Damages asserted against any Accrisoft Indemnitee related to an advertiser's or other third party's performance or failure to perform in its dealings with you, regardless of whether litigation is commenced, and regardless of the reason for their actions or inactions, or related to your use of their goods, services or facilities, whether you acquired them directly from the advertiser or other third party or from Accrisoft.
2.5. If you submit a purchase of any service, product or software license on our site and your submission is accepted by Accrisoft, you then automatically are obligated to complete the transaction and pay for the purchase immediately. Once submitted, offers to purchase may not be cancelled, rescinded, terminated, or amended by you for any reason. All offers to purchase are made in U.S. dollars only to be paid with Visa, Mastercard, or American Express cards that are pre-registered by you for payment of amounts that are due to Accrisoft. Your Acceptance of this Agreement constitutes your direction to Accrisoft to charge the amount of your purchases, and all other amounts identified as being due in connection with the purchases, to the card identified by you to Accrisoft during registration. Your credit card must be in your name unless the charges are pre-approved by the cardholder in a witting that is provided to us. This constitutes your payment instructions and is deemed to be your (or the cardholder's) signature on file for all charges. Unless Accrisoft within its sole discretion agrees to accept other forms of payment and on terms other than payment in advance or at delivery, then charging your pre-approved credit card in advance or at delivery is the sole form of payment accepted.
2.6. If you purchase a license for our software from Accrisoft or from one of our direct or indirect resellers, then your receipt, possession and use of any copy of our software is subject to the license agreements included with software or in other agreements into which you may be required to enter. Subject in all cases to the terms of our licenses and agreements, your purchases from third parties are subject to the terms and conditions of their agreements and you agree to defend and hold all Accrisoft Indemnitees harmless against all Damages related thereto.
4. No Warranty; Limitation of Liability.
4.1. ACCRISOFT PROVIDES ITS WEB SITE, CONTENT, LICENSED SOFTWARE, SERVICES, AND ALL GOODS AND SERVICES OF OTHERS ACQUIRED BY YOU FROM ACCRISOFT “AS IS” AND WITHOUT ANY WARRANTY EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND ACCRISOFT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Accrisoft does not guarantee continuous, uninterrupted or secure access to its services, and operation of its website may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Further, Accrisoft does not guarantee the accuracy, timeliness or completeness of any information on this site or the results of your use of this site. The internet is not a secure method of transmission, and Accrisoft does not guarantee that data en route to or from this site is secure from unauthorized, unknown or unforeseeable security breaches. Accrisoft. does not warrant that this site, its servers or any email sent from Accrisoft are free of viruses or other harmful components.
4.2. Accrisoft shall not be liable to you, and you will have no remedy against Accrisoft for any loss, damage or expense of any kind, including but not limited to, consequential, special, incidental or punitive damages or loss of profits, damages for lost profits or for damages based upon strict or absolute liability in tort, damages in contract or by statute, damages for lost data, spamming, viruses, interrupted transmissions, or unauthorized access to your account with Accrisoft or your data stored by Accrisoft, caused directly or indirectly by Accrisoft's performance or failure to perform hereunder, regardless of whether Accrisoft has been informed of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
5.1. You need not access or use our website or services, but if you do then this Agreement applies to your access and use and it may not be terminated by you. We may suspend your access to this site without notice, for any or no reason, within our sole discretion, including if you breach this Agreement.
6.1. Notices required to be given herein, and otherwise between the parties, may be given to Accrisoft at its customer support email address identified in its website and to you at the email address provide by you when registering with us, or to any other address that we reasonably believe is your principal residence or principal place of business or by publication by us in a major newspaper servicing Mecklenburg County North Carolina, or may be given by certified mail return receipt request, or by personally delivery by a nationally recognized delivery service such as Fed-X. Notice is deemed given upon delivery.
6.2. This Agreement constitutes the entire Agreement and understanding between the parties as to the subject matter hereof, and supersedes and replaces all prior or contemporaneous agreements, written or oral, as to the subject matter; provided, that all end user license agreements or service agreements, or similar agreements required by Accrisoft that govern the use of Content of Accrisoft and or its third party licensees or providers, shall with this Agreement control as to those other items. Information on Accrisoft's website is promotional in nature is not a representation or warranty in, or otherwise part of, this Agreement or other agreement with Accrisoft. This Agreement may be amended only by Accrisoft through the Acceptance procedure discussed elsewhere herein.
6.3. Neither this Agreement nor any provision hereof may be released, discharged, waived, abandoned, or modified in any manner, except by an instrument in writing executed by both parties. Any waiver of a default or condition hereof by either party shall not be deemed a continuing waiver of such default or condition. Any delay or omission by either party to exercise any right or remedy under this Agreement shall not be construed to be a waiver of any such right or remedy or any right hereunder
6.4. Accrisoft and its advertisers, other suppliers and other third parties to whom there are active hyperlinks on our website, are not partners, joint venturers , and there is no other type of agency between them, and none may hold itself out as such, or as having any authority to bind or create obligations or liabilities for the other.
6.5. Headings are inserted only for the purpose of convenient reference and it is recognized that they may not adequately or accurately describe the contents of the provisions which they head. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect.
6.6. Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular, and masculine, feminine and neuter pronouns shall be equivalent in meaning
6.7. You may not assign or delegate this Agreement or any of your rights or obligations hereunder, in whole or in part, without our written consent. Any purported assignment or delegation without our written consent shall be void. Subject to the foregoing, this Agreement is binding on and benefits the parties and their respective successors and assigns, heirs, estates, executors and other personal administrators.
6.8. In the event that Accrisoft is unable to perform any of its obligations hereunder due to any cause beyond its control, such as wars, acts of God, weather, strikes, or failures of third-party suppliers to fulfill their agreements with Accrisoft (each a “Force Majeure”), then Accrisoft's performance hereunder shall be excused until such time as the applicable Force Majeure has ended.
6.9. This Agreement shall be deemed to have been made in Charlotte, North Carolina, and all licenses hereunder granted there, for all purposes and shall be governed exclusively by and construed in accordance with the laws of the State of North Carolina, without regards to conflict of laws, and the parties expressly opt out of all applicable international treaties and conventions that may impact the making, performance or enforcement of this Agreement. Notwithstanding the foregoing, the federal laws of the United States, all foreign laws and all international treaties and conventions that provide Accrisoft with protections and/or rights in connection with Accrisoft's intellectual property and trade secrets shall apply. All actions relating to the making or performance of this Agreement shall be brought in the courts, state or federal, sitting in Mecklenburg County, North Carolina, and the parties hereby consent to the jurisdiction and venue of such courts. Notwithstanding the foregoing, Accrisoft may bring suit in any court or before any other body if it deems it necessary to enforce or protect its intellectual property or confidential information, or to enforce its rights or your obligations under this Agreement. This Agreement shall be interpreted in English only and all proceedings of any type related to this Agreement shall be conducted in English only. All amounts under this Agreement are in United States Dollars.
6.10. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions, and the remainder of this Agreement will remain in full force.
6.11. Any claim or action by you against Accrisoft or against any Accrisoft Indemnitee related to the matters herein must be brought by you by arbitration with the American Arbitration Association in Mecklenburg County, North Carolina, in your individual capacity and not as a plaintiff or class member in a purported class or representative action of any kind, and your claims or action cannot be consolidated with those of any other person or entity, including in any claims based on any laws, such as those that protect persons with disabilities, including whether our website complies with the Americans With Disabilities Act.