TERMS OF WEBSITE USE AND ELECTRONIC INTERFACING
Last Updated May 2019
© Acord Capital, LLC
All Rights Reserved (as of last update, and as amended and restated from time to time)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE OR OTHER COMPANY ELECTRONIC INTERFACE.
Welcome to the web site for Acord Capital, LLC TM SM / Acord Capital S.A.S. TM SM / Acord Capital SRL TM SM (URL(s) www.acordcapital.com TM SM, whether capitalized on in lower case type) and other electronic interfaces used by the company, as the case may be — home of ACORD TM SM and various other related reserved and pending trade, product and service marks and/or patents (together, “ACORD”) (collectively, the “Web Site”). Please read our Terms of Website Use (the “Terms”) carefully before continuing on with your use of this site. By using this site, you agree to be bound by the terms and conditions contained herein. ACORD is a company which provides consulting services relating to medium-to-heavy mechanical equipment and machinery sourcing and rental needs of customers and clients worldwide, and which as a part of its business model, uses an Internet-based e-commerce business portal, providing these consulting, needs-analysis and management services. As of the last update of these terms and conditions, ACORD is not a manufacturer, but only a services and goods provider of various operational consulting, business management, and business needs assessment deliverables, who maintains independent business relationships with various corporate industry participants (“business alliance affiliates”) in these sectors. These business alliance affiliates assist ACORD in providing its customers with the services and product desired and selected by those customers.
This Web Site provides users with access to information and materials about ACORD’s products and services, and certain online forms. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content. This Web Site is intended for use only by users who are at least 18 years of age.
These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The terms contained in any other independent agreement(s) executed – electronically or otherwise – between you and ACORD shall also be governed by the general terms and specific terms of sale, of such agreement(s). By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. ACORD reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. You are encouraged to review the Web Site periodically for updates and changes to the Terms. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
If you make a purchase of products and avail yourself of services referenced on the Web Site, your purchase will be subject to the terms of sale of our customer agreement with you, which is hereby incorporated into and made part of the Terms, and vice versa. Please review any purchase and sale (or similar) agreement documents, for products and services, provided by ACORD personnel or contractors, before making any such purchases. By submitting payment information in connection with any such purchases, you agree to be bound by all terms and conditions.
USER CONTENT; TERMINATION GENERALLY
You may in the future be required to establish an account on this Web Site in order to take advantage of certain features of this Web Site, such as making a purchase. If you provide information on this Web Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Web Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, and ACORD has reasonable grounds (in its discretion) to suspect that such information is false, inaccurate, outdated or incomplete, ACORD has the right to suspend or terminate your account and prohibit any and all current or future use of the Web Site (or any portion thereof) by you. Upon your discovery of same you agree to immediately notify ACORD of any unauthorized use of your password or account or any other breach of security, and you shall ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Web Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying ACORD. ACORD cannot and will not be liable for any loss or damage arising from your failure to comply with this section. ACORD makes no representation that material contained on the Web Site or products described or offered on the Web Site are appropriate or available for any particular use, or that the Terms comply with the laws of any other country.
WEBSITE USAGE AND CONDUCT
Where applicable at the Web Site, you are invited to enter your company specific information (“User Content”). As previously stated, please remember that this Web Site is intended for adult use; if you are under the age of 18, do not submit any User Content to this Site.
You understand that all User Content, whether you have posted on our secure site or privately transmitted to another user or to us, is your sole responsibility. Though the Web Site is designed to be a safe place to share such User Content, ACORD cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Web Site. Under no circumstances will ACORD be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Web Site.
You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Web Site or otherwise have the right to grant the license set forth herein; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
You acknowledge and agree that ACORD may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with federal and/or state laws; comply with legal process; enforce the Terms; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of ACORD, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions herein, and further agree that each of these conditions applies forever and broadly with regard to ACORD worldwide. Posting of User Content to or through the Web Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. ACORD shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. ACORD SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR THE PURPOSE OF CONDUCTING ITS BUSINESS RELATIONSHIP WITH YYOU, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of ACORD, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site, or manipulate or otherwise display the Web Site by using framing, mirroring or similar navigational technology;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or contractual relationship, or register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to adware, spyware, ransomware, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects ACORD’s or other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site, or probe, scan, test the vulnerability of or breach the authentication measures of, this Web Site or any related networks or systems;
(k) “stalk” or otherwise harass another;
(l) collect or store personal data about other Web Site users; or
(m) gain access to unauthorized areas of the Web Site or ACORD’s network or servers, or use any robot, spider, scraper, or other automated or manual means to access this Web Site or copy any content or information on this Web Site.
We will terminate the account and/or block Web Site users who repeatedly violate the intellectual property rights of ACORD or any other person on this Web Site.
If at any time ACORD chooses, in its sole discretion, to monitor the Web Site, ACORD nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Web Site users submitting any such User Content. Notwithstanding the foregoing, ACORD and its designers/providers shall have the right to remove any User Content that violates the Terms or is otherwise objectionable, in ACORD’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with ACORD and other Web Site users. ACORD reserves the right, but has no obligation, to monitor disputes between you and other Web Site users and to terminate your Web Site access, in its sole discretion.
COPYRIGHTS, TRADEMARKS, SERVICE MARKS AND PATENTS
ACORD holds or will hold registered and patented intellectual property rights in the United States and other countries. For more information, please review our full Intellectual Property Statement. You acknowledge that all materials on the Web Site, including the design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, as well as the trademarks, service marks, and formula patents of the products themselves (as and where found) are the property of ACORD or its licensors, and are subject to and protected by United States and international patent, copyright and other intellectual property laws and rights.
LINKS TO THIRD PARTY WEBSITES
Our Web Site may link to or from sites not maintained or related to ACORD. We provide and/or permit these links only as a convenience to our customers, members, visitors and users. We do not sponsor or endorse these other sites and we have not reviewed the other sites. ACORD is not responsible for the content of any other sites. You may access any such site through the links (if and as provided) or the address bar of your Internet browser, at your own risk. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Web Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ACORD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Web Site.
The material on this Web Site is for the general information of our customers and visitors. This Web Site does not and shall never constitute an offer to sell, or a solicitation of an offer to buy or sell, the products or services depicted herein, or any security or investment opportunity, and may not be relied upon in connection with any offer or sale of securities. Nothing on this Web Site is a recommendation that you purchase, sell or hold the products or services depicted herein, or that you pursue any investment style or strategy with respect thereto. Nothing on this Web site is intended to be, and you should not consider anything on this Web Site to be, investment, accounting, tax or legal advice.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
THE WEB SITE AND ALL CONTENT ON THIS WEB SITE IS PROVIDED «AS IS» AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ACORD ITSELF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR SERVICES INCLUDED AND OFFERED ON THIS WEB SITE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ACORD, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION, AS AN AIDE TO THE USER, IN SUCH USER MAKING A DETERMINATION OF WHETHER TO AVAIL HIMSELF OF THE PRODUCTS AND SERVICES PROVIDED VIA THE WEB SITE AND RELATED VENUES. ACORD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR PRODUCT OR SERVICE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT ACORD) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ACORD, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR PROFESSIONAL SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS OR WILL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACORD AND ALL RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACORD IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
SPECIFICALLY, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACORD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACORD EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
ACORD SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACORD AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Accessing ACORD’s platforms, electronic interfaces – including but not limited to this Web Site – constitutes your agreement to indemnify, defend, and hold harmless ACORD and the providers of this Web Site, its/their officers, directors, employees, affiliates, agents, licensors, suppliers and independent service providers (professional and otherwise) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees through all trial and appellate levels, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Web Site, your breach of the Terms, your infringement or violation of any rights of another, or termination of your access to the Web Site.
THIRD PARTY RIGHTS
These Terms are for the benefit of ACORD and its providers, its and their officers, directors, employees, affiliates, agents, licensors, independent service providers (professional and otherwise) and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES/APPLICABLE LAW
The failure of ACORD to insist upon strict adherence to any Term shall not constitute a waiver of such Term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that Term or any of the other Terms. The disclaimer and limitation of liability provisions of these Terms are for the benefit of ACORD and identified third parties, as referenced herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ACORD CAPITAL, LLC AND/OR ITS AFFILIATES. ACORD RESERVES THE RIGHT TO MAKE CHANGES TO OUR WEB SITE AND THE TERMS, CONDITIONS AND DISCLAIMERS AT ANY TIME.
CONTACTING US THROUGH THE ACORD.COM URL
If you have any questions regarding these Terms of Website Use, or wish to report any violation of these Terms, please email us at [email protected], or write to us at: