TERMS OF USE
Introduction
These Terms of Use govern your use of www.accord-group.net (the “Website”). Please read these Terms of Use carefully before using the Website operated by Accord Group Holdings LLC and its affiliates (“Accord”). By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Accessing our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
Content
The information published on the Website is provided for the convenience of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages.
Please be aware that Accord may alter the information on the Website from time to time, including these Terms of Use and Privacy Policy. It is your responsibility to check these Terms of Use from time to time and to remain in compliance with them.
Limitation of Liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude:
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all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
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any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
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loss of income or revenue
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loss of business
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loss of profits or contracts
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loss of anticipated savings
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loss of data
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loss of goodwill
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wasted management or office time, and
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for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
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This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our Website
We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use our Website will cease immediately. Accord will use reasonable endeavours to prevent contamination by known viruses and to maintain the security of the Website but Accord does not warrant the information on the Website in any way and in particular no warranty is given that the Website or its contents or hypertext links to other sites are accurate, complete, virus free or uncontaminated, nor can we guarantee that the Website may not be affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action.
You are advised to make your own virus checks and to implement your own precautions in this respect. Accord excludes all liability for contamination or damage caused by any virus or electronic transmission.
Hyperlinks
The incorporation of any links to other websites is for your convenience and reference only and does not imply that Accord approves or endorses the contents of that website or the material available from it and Accord does not control and is not responsible for the content of any such websites in terms of their accuracy, suitability, legality or otherwise and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Law and Jurisdiction
Any dispute, claim or controversy arising out of or relating to this Website, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in San Francisco, California, before a sole arbitrator, in accordance with the laws of the State of Delaware for agreements made in and to be performed in that state. The arbitration will be administered by JAMS/Endispute pursuant to its Arbitration Rules and Procedures. The arbitrator will have no power to award consequential (including lost profits), punitive or exemplary damages. The forum fees and other arbitration costs will be advanced equally by the parties. The arbitrator may, in the arbitration award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties each consent to personal jurisdiction and venue in the federal or state courts located in the Northern District of California for purposes of enforcement of any arbitration award.
Intellectual Property Rights
The contents of these pages are Copyright © 2014 Accord Group Holdings LLC.
We are the owner or the licensee of all intellectual property rights in our Website, and in the images and other material published on it (the “Content”). The Content is protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) such as the authors of Content on our website must always be acknowledged.
You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
IF YOU PRINT OFF, COPY OR DOWNLOAD ANY PART OF OUR WEBSITE IN BREACH OF THESE TERMS OF USE, YOUR RIGHT TO USE OUR WEBSITE WILL CEASE IMMEDIATELY AND YOU MUST, AT OUR OPTION, RETURN OR DESTROY ANY COPIES OF THE MATERIALS YOU HAVE MADE.
If you have any concerns about material which appears on our Website, please contact dco@accord-group.net.
Thank you for visiting our Website.