Terms and Conditions
Updated: May 17, 2017
Registration Data and Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted or required by the Website (“Registration Data”); (b) maintain the security and confidentiality of your user name and password; (c) maintain and promptly update the Registration Data and any other information you provide to ACG, and to keep it accurate, current and complete; and (d) be fully responsible for all use of your user name and password and for any actions that take place using your account. ACG has no control over the use of any User’s account and expressly disclaims any liability derived there from. ACG is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to ACG.
Use of Membership Directory
The use of the Member Directory is strictly limited to individual, personal and confidential reference purposes only. The Membership Directory may not be reproduced, copied or disseminated, entered into a computer database, used as part of or in conjunction with a mailing list, or otherwise utilized except for your individual, personal and confidential reference. Use of the data in the membership directory to send unsolicited marketing e-mails (“Spam”) is not permitted. Infractions are policed and may result in legal or disciplinary action.
License; Website Content
All content on the Website, other than User Content (as defined below), including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), is the proprietary property of ACG or its licensors, and all rights therein are reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ACG’s prior written permission.
ACG grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use and
User Content Posted on the Website
Prohibited Conduct and Uses
In connection with the use of the Website you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights of any other party;
- Upload any other material that violates the intellectual property rights of any third party;
- Upload post, transmit, share or otherwise make available any material that contains or may contain viruses, corrupted files, or any other similar item designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, transmit, share, store or otherwise make available any content that ACG deems to be profane, defamatory, infringing, fraudulent, invasive of privacy or publicity rights, obscene unlawful or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available content which may create liability under or violate any applicable law or regulation, whether local, state, national or international, or that would constitute, encourage or provide instructions for a criminal offense;
- Upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Collect user names and/or e-mail addresses or other contact information of other Users by electronic or other means, for the purposes of sending mass emails or other mass unsolicited communications, or use automated scripts to collect such information or otherwise interact with the Website;
- Solicit passwords or personally identifying information for impermissible or unlawful purposes;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or the like;
- Impersonate another person or entity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or use or attempt to use another User’s account, service or system without authorization;
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Website;
- Restrict or inhibit any other registered User from using and enjoying the Website;
- Use the Website in any manner that could damage, disable, overburden or impair the Website; or
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ACG, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose ACG or the Users to any harm or liability of any type.
ACG reserves the right to revoke or suspend the privilege of any User to use this Website at any time and at its sole discretion for violation of the above prohibitions, for any other reason or no reason at all. ACG further reserves the right to take appropriate legal action against any User, including without limitation pursuing civil, criminal and injunctive redress.
User Disputes; Release
You are solely responsible for your interactions with other Users. ACG reserves the right, but has no obligation, to monitor disputes between you and other Users. In the event that you have a dispute with one or more other Users, you release ACG, its chapters and their respective officers, directors, agents and employees from all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Third-Party Websites, Applications and Content
ACG prohibits Users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s copyright or other intellectual property rights. When we receive proper notification of an alleged copyright infringement we may remove or disable access to the allegedly infringing material and terminate the accounts of infringers. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Copyright Agent. Please see the Copyright Policy for more information on how to report infringement of your copyright.
User acknowledges and agrees that ACG is not responsible or liable in any manner for any User Content or Third Party Websites, Applications or Content posted on or accessible from the Website whether posted or caused by Users, by ACG or by third parties. Although we provide rules for User conduct and postings, we do not control or monitor and are not responsible for what Users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website. ACG is not responsible for the conduct, whether online or offline, of any User of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. ACG assumes no responsibility and will have no liability 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, User communications or access to the Website and ACG cannot and does not guarantee that any personal information entered by users will not be misappropriated, intercepted, deleted, destroyed or used by others. ACG is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software or failure of e-mail on account of technical problems or traffic congestion on the internet or at the Website or any combination thereof, including injury or damage to User’s or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the world wide web and/or in connection with the Website. Under no circumstances will ACG be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or any User Content or Third Party Websites, Software or Content posted on or through the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline.
THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND ACG DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACG CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. ACG DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF VIRUSES, MALWARE, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ACG reserves the right to change any and all content, software and other items used or contained in the Website at any time without notice.
ACG may terminate your access to the Website, delete your profile and any User Content you have posted on the Website and/or prohibit you from using or accessing the Website for any reason, or no reason, at any time in its sole discretion, with or without notice. Such termination may, but will not necessarily, be accompanied by the termination of your membership in ACG. Membership in ACG is governed by the Bylaws of the Association for Corporate Growth, Inc. available here, and a summary of membership policies is available here.
Governing Law; Venue
Limitation of Liability