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Terms and Conditions of Use
Welcome to the American-Chinese CEO Society (ACCS) Membership Site
The following terms and conditions are important things that you should know before using or accessing ACCS. Please read them carefully. By accessing or using any part of ACCS or any of the products or services offered by or through ACCS, you agree to be bound by the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use ACCS. ACCS may change these terms and conditions of use at any time, without any notice to you. Your continued access and use of ACCS will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes that have been made.
ACCS and its affiliates and partners respect the privacy of its visitors. ACCS does not collect any personal information through the web site without the knowledge of the visitor. ACCS is a membership based site. To gain full access to the site you must be a paid member. To gain partial access to some elements of the site you can register as a guest Users will be required to enter valid contact data. As a ACCS member you may receive a minimum of 2 pieces of email a week.
ACCS members who chose to unsubscribe from either of these mailings negate there membership agreement and must either pay for there own membership or they will lose their access to the site and their membership profile will be deleted.
Levels of membership available and the associated costs for those wishing to forego email updates.
Copyright and Permitted Use
ACCS is owned and operated by ACCS. Except where otherwise noted, the content of ACCS's web pages, including the design, text, graphics and arrangement thereof, and the software used herein, is the property of and is owned and controlled by ACCS and is the copyrighted material of ACCS or its content providers. ALL RIGHTS ARE RESERVED. No materials from ACCS may be copied, duplicated, downloaded, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by ACCS, except that you may electronically copy and print in hard copy, portions of ACCS for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of ACCS is strictly prohibited. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
Trademarks
ACCS, all page headers, logos, custom graphics and button icons are service marks, trademarks and/or trade dress of ACCS. All other trademarks, product names and company names or logos cited anywhere on ACCS are the property of their respective owners.
No License
Except as expressly provided, nothing contained in these terms and conditions or anywhere on ACCS shall be construed as conferring any license under any intellectual property rights of ACCS. or any third party.
Rules at ACCS
To guide you in using ACCS responsibly, ACCS has established the following rules. If you do not abide by these rules while using ACCS, ACCS. has the right to prohibit you from using ACCS and may terminate any account that you may have on ACCS. While using ACCS, you may not:
1. upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material:
(a) constituting or encouraging conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use ACCS in a manner which is contrary to law;
(b) that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable;
(c) that you do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;
(d) that is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or
(e) that contains any virus, cancelbot, Trojan horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. upload, post, email, transmit or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation except where specifically permitted on ACCS;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or to collect or store personal data about other users of ACCS. Links to ACCS
While using ACCS you will likely access third party web sites through search results displayed on ACCS and links contained on ACCS. Such third-party web sites are not under the control of ACCS and ACCS is not responsible for the availability of such sites or their contents. Any links provided on ACCS are provided for your interest or convenience only and do not represent or imply any endorsement by ACCS of any such linked site. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to any such site.
ACCS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, LEGALITY, RELIABILITY, QUALITY, SUITABILITY OR DECENCY OF ANY INFORMATION, ADVICE, CONTENT, SERVICE, PRODUCT OR MERCHANDISE CONTAINED IN SITES LISTED IN SEARCH RESULTS ON ACCS OR OTHERWISE LINKED TO ACCS.
Third Party Services
You may order services or merchandise through ACCS. All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. You will not consider ACCS as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
User Content
You are solely responsible for any and all information, data, text, software, music, sound, photographs, graphics, video messages or other materials that you upload, post, email, reproduce, transmit or otherwise distribute ("Your Content") using ACCS and any consequences that may result from Your Content. ACCS does not review and has no obligation to monitor such content.
ACCS enables visitors to its site to post reviews and comments on products and services. We have the right to refuse and remove, in its sole discretion, any content uploaded, posted, emailed, reproduced, transmitted or otherwise distributed using ACCS, including any of Your Content. ACCS. may also retain Your Content and disclose Your Content (including the contents of your private communications),
(a) if required by law,
(b) as may be required to prevent or correct any problem with or disruption of the operation of ACCS,
(c) in connection with any claim that Your Content violates the rights of any third party,
(d) to protect itself, its officers, directors and employees, the users of ACCS and the public, or
(e) to enforce these terms and conditions.
By providing Your Content through any publicly accessible areas of ACCS or submitting any of Your Content to ACCS, you automatically grant to ACCS a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute and display any of Your Content into any form, medium or technology now known or hereafter developed. In addition you waive any and all moral rights in Your Content.
By providing Your Content through any publicly accessible areas of ACCS or submitting any of Your Content to ACCS you warrant that Your Content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such posting, transmission, distribution or submission.
General Disclaimer of Representations and Warranties
ACCS is providing ACCS on an "AS IS, AS AVAILABLE" basis to users. ACCS is a service to users seeking information on personal growth and psychology. You use ACCS at your own risk. Neither ACCS nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you
(a) that ACCS will be uninterrupted or error-free,
(b) that ACCS or the server that makes ACCS available are free of viruses or other harmful components,
(c) as to the accuracy, reliability or completeness of results that may be obtained from the use of ACCS or
(d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through ACCS.
ACCS MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ACCS, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY ACCS IN CONNECTION WITH THE USE OF ACCS, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ACCS OR RECEIVED THROUGH ANY LINKS PROVIDED ON ACCS, ANY INFORMATION OR ADVICE RECEIVED THROUGH ACCS OR ANY LINKS PROVIDED ON ACCS, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, YEAR 2000 COMPLIANCE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE.
No oral advice or written information given by ACCS or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
Some jurisdictions do not do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.
Disclaimer Regarding Professional Information
ACCS may make available certain professional information provided by third parties including information relating to law and accounting. Before you use any such professional information made available through ACCS or through any link on ACCS, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability" as those provisions apply to any professional information made available to you. Neither ACCS nor any of its officers, directors, employees, agents, sponsors, licensors, or the like is qualified to provide information or advice in any of these or similar professional fields and does not make any representation or warranty or condition, either express or implied, to you regarding the content, accuracy, completeness, legality, reliability, quality or suitability of any such professional information. ACCS. recommends that you seek advice from a qualified professional with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession.
Disclaimer Regarding Downloading ACCS may make available for downloading certain software and computer programs provided by third parties. Neither ACCS. nor any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or the like makes any representation or warranty or condition, either express or implied, to you regarding such software. ACCS cannot guarantee that any such software will meet your needs, standards or desired specifications or that such software will be free from viruses or errors. Before downloading any such software or computer programs, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability". Use of such software is subject to the terms and conditions of any end user license agreement that accompanies such software and by using such software you agree to be bound by the terms and conditions of such license.
YOU AGREE THAT ANY SOFTWARE, COMPUTER PROGRAMS, INFORMATION, PHOTOGRAPHS, MUSIC, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH ACCS IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ACCS, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ACCS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON ACCS, (B) THE INABILITY TO USE ACCS, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO ACCS, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ACCS'S RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ACCS AND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON ACCS, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ACCS AND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON ACCS AND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING ACCS.
Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ACCS OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING ACCS.
Indemnification and Release
You agree defend, indemnify and hold harmless ACCS and its affiliate and related companies, officers, directors, shareholders and employees from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from (a) your use of ACCS or the internet, (b) the uploading, posting, emailing, reproducing, transmitting or otherwise distributing of any information, data, text, software, music, sound, photographs, graphics, video messages or other materials by you or any users of any account that you may have with ACCS, or (c) the breach of any of these terms and conditions by you or any users of any account that you may have with ACCS.
Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware. It can however be accessed from other places around the world. Although these places may have different laws from those of the State of Delaware, by accessing ACCS you agree that the laws of the State of Delaware, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of ACCS. You and ACCS. also agree to submit to the non-exclusive jurisdiction of the courts of the State of Delaware, with respect to such matters. Users of ACCS accessing it from places outside of the State of Delaware acknowledge that they do so voluntarily and are responsible for complying with local laws.
Miscellaneous
These terms and conditions and any and all documents specifically referenced herein constitute the entire agreement between you and ACCS with respect to the subject matter hereof. No failure on the part of ACCS to exercise and no delay in exercising any right under these terms and conditions shall operate as a waiver of such right. If any provision contained in these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.
By selecting "Yes, I accept the ACCS Terms of Use Agreement", the user hereby indicates that (s)he understands and will abide by this agreement.