ACCREDITED.NET TERMS OF USE
These Terms of Use (these “Terms” or this “Agreement”) govern your use of Accredited.Net (“Accredited.Net” or the “Service”) and constitute a license for your use of Accredited.Net. By accessing, viewing, or using Accredited.net, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and/or do not wish to be bound by these Terms, do not use the Service. If you are accepting these Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.
Your Use of Accredited.Net. Accredited.Net LLC grants you a limited, nonexclusive, nontransferable, revocable license to use the Service and its service subject to the restrictions set forth in these Terms of Use. You may sublicense your license provided that each end user to whom you sublicense your license agrees to the End User License Agreement provided inside your account.
The Service is offered and available to users who are at least 18 years of age or order, and reside in the United States of America or any of its territories or possessions. By using Accredited.Net, you represent and warrant that you are of legal age to form a binding contract with Accredited.Net LLC, and meet all of the eligibility requirements for doing so in the state in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access the Service. The Service is not intended for children under the age of 13.
Access and Account Security. Accredited.Net LLC reserves the right to withdraw or amend the Service, and any material it provides on or through the Service, in its sole discretion, and without notice. Accredited.Net LLC will not be liable if for any reason all or any part of the Service is unavailable or inaccessible at any time or for any period, or if, as a result of such unavailability or inaccessibility, you claim to suffer any damages. From time to time, Accredited.Net LLC may restrict access to some components of the Service, or the entire Service, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to use the Service will be true and correct.
If you choose, or are provided with, a user name, password or any other piece of information as part of the Service’s registration or 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 the Service or portions of it using your user name, password, or other security information. You agree to notify Accredited.Net LLC immediately of any unauthorized access to or use of your user name 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.
Accredited.Net has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Accredited.Net LLC, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation.
Intellectual Property Rights. The Service and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Accredited.Net LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material you encounter while using the Service, 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 must not:
· Modify any materials generated by the Service or displayed during your use of the Service.
· Reproduce any materials generated by the Service or displayed during your use of the Service.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
· Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of the Service or its content.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in violation of these Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Accredited.Net LLC’s name and logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of Accredited.Net LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Accredited.Net LLC. All other names, logos, product, and service names, designs and slogans accessible via the Service are the trademarks of their respective owners.
Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree to never:
• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• Use the Service to impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or other personally identifying characteristics associated with such a person or entity.
• User the Service any manner that could disable, overburden, damage, or impair the Service, or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Website.
• Use any device, software, or routine that interferes with the proper functionality of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material to the Service which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server(s) on which the Service is stored or from which it is administered, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the functionality of the Service.
Monitoring and Enforcement; Termination. Accredited.Net LLC at all times shall have the right to:
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use, or local, state, or federal law or regulation.
Without limiting the foregoing, Accredited.Net LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ACCREDITED.NET LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY ADMINISTRATOR OF THE WEBSITE DURING OR AS A RESULT OF SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ACCREDITED.NET LLC OR LAW ENFORCEMENT AUTHORITIES.
Use Accredited.Net at Your Own Risk. You agree that your access to and use of Accredited.Net is at your own risk. Accredited.Net LLC will have no responsibility for any harm that results from your access to or use of its site, any related site, its content, or its service.
Disclaimer of Warranties. You understand that Accredited.Net LLC cannot and does not guarantee or warrant that the Service 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. ACCREDITED.NET LLC 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 SERVICE.
YOUR USE OF THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCREDITED.NET LLC NOR ANY PERSON ASSOCIATED WITH ACCREDITED.NET LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER ACCREDITED.NET LLC NOR ANYONE ASSOCIATED WITH ACCREDITED.NET LLC REPRESENTS OR WARRANTS THAT THE SERVICE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ACCREDITED.NET LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability.
IN NO EVENT WILL ACCREDITED.NET LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, 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 SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL ACCREDITED.NET LLC’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ACCREDITED.NET OVER THE TWELVE MONTHS PRECEDING THE INCIDENT FOR WHICH YOU ARE SEEKING PAYMENT.
Indemnification. You agree to defend, indemnify, and hold harmless Accredited.Net LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service other than as expressly authorized in these Terms of Use, or the violation of these Terms of Use by a third party to whom you granted your access to Accredited.Net.
Third Party Access. If you grant an employee, agent, volunteer, contractor, or other Third Party access to your data, such Third Party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall Accredited.Net LLC be liable for any action taken by such a Third Party.
Miscellaneous
Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its principles of conflicts of laws. Each of the Parties to this Agreement irrevocably submits to the exclusive jurisdiction of the courts of the State of Michigan located in Kent County, Michigan, and the United States District Court for the Western District of Michigan for the purpose of any suit, action, proceeding, or judgment relating to or arising out of this Agreement and the transactions contemplated by this Agreement. Each of the Parties to this Agreement irrevocably consents to the jurisdiction of any such court in any such suit, action, or proceeding and to the laying of venue in such court. Each of the Parties to this Agreement irrevocably waives any objection to the laying of venue of any such suit, action, or proceeding brought in such courts and irrevocably waives any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties, and any and all prior agreements, representations, or promises concerning the subject matter of this Agreement are superseded by and/or merged into this Agreement. The Parties agree they have not relied on any verbal statements that are not included in this Agreement. Any modifications to this Agreement must reference this Agreement and must be contained in a written instrument signed by each Party to this Agreement.
Waiver. The failure of either Party to require the performance of any term or obligation of this Agreement, or the waiver by either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of any term or obligation or be deemed a waiver of any subsequent breach.
Binding Agreement; Successors. This Agreement will be binding on, inure to the benefit of, and be enforceable by the successors and assigns of the Parties; provided, however, that no assignment of this Agreement will be effective without the express written consent of the other Agreement, which consent shall not be unreasonably withheld.
Construction. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
The Service is controlled by facilities in the United States of America. Accredited.Net LLC makes no representations that the Service is appropriate or available for use in other locations. If you access Accredited.Net from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
These Terms of Use are the entire and exclusive agreement between Accredited.Net LLC and you regarding the Service, and these Terms of Use supersede and replace any prior agreements between Accredited.Net LLC and you regarding the Service.
