ACI.info Terms and Conditions

Effective Jan 13, 2015

 Welcome to ACI.info. If you use this website, you accept these terms and conditions of use. Please read them carefully. 

  1. ACCEPTANCE OF TERMS; LICENSE FROM ACI

These Terms of Use, together with any specific terms and conditions that may be posted or presented to you in connection with particular materials or services (“Additional Terms”), form a legally binding agreement between you and ACI Information Group (a wholly-owned unit of Newstex LLC), on behalf of itself and its affiliates (“ACI”) in relation to your use of the website, materials and applicable ACI services, and it is important that you read them carefully. By using this website or the applicable ACI materials or services, or by clicking through any Additional Terms where that option is made available to you, you agree to these Terms of Use and the Additional Terms. Without limiting the foregoing, if you subscribe to any ACI Premium Service (as evidenced by the payment of additional fees to ACI), you likewise agree to the supplemental terms of use for such ACI Premium Service. In the event of any conflict between these Terms of Use and any such Additional Terms, the latter shall govern. ACI is pleased to grant you, as a user of this website, a nonexclusive, nontransferable, revocable, limited license to access and use this website and the materials and associated ACI services in accordance with these Terms of Use and any Additional Terms. ACI may terminate this license at any time for any reason and, in any such case, any data or information that you have provided may be deleted without notice to you. 

  1. LIMITATIONS ON USE 

The materials on this website are only for your personal use or, as applicable, for the internal use of your organization or institution, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Furthermore, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or from the materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. Except as permitted by our applicable robots.txt file, you may not use any robot, spider, other automatic software or device, or manual process to monitor our website or the materials without ACI’s prior written permission. You may not use the materials in any way that harms ACI or our affiliates, or our or their respective employees, directors or other representatives, participating rights-holders, content providers, or users, or any other third party. You may not use the website as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this website or any portion thereof, or the materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this website or the materials is prohibited. 

  1. NOT LEGAL ADVICE 

ACI is neither a lawyer nor a law firm. The materials provided on this website are not intended to and do not constitute legal advice; and no attorney-client relationship is formed between you and ACI or any ACI employee or representative. Nothing submitted to this website is treated as confidential except as expressly provided in the terms and conditions of the applicable services or in ACI’s Privacy Policy. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the materials. Your use of the materials on this website or of any materials linked to, from, or otherwise made available through, this website (including without limitation any content or other materials accessed through a publisher website, “open access” website, or other third party source) is at your own risk, and no license or right is granted hereunder with respect to any such materials.

 

  1. INTELLECTUAL PROPERTY RIGHTS 

Nothing in these Terms of Use or the Additional Terms should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the materials and the website are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to ACI, its licensors or the applicable rights-holders of the particular materials. Without limiting the foregoing, you acknowledge and agree that nothing in these Terms of Use confers upon you any right or license to access, copy, distribute or otherwise use any content or materials accessed by you through the website, and you (and your employer or affiliated institution, as applicable) are solely responsible (and ACI therefore has no responsibility) to obtain any permission that may be required for any use made by you (or by your employer or affiliated institution) of such content. Any features of the website that enable downloading, saving, bookmarking, emailing or other manipulation of any content or materials are provided solely for your convenience and shall only be used in accordance with these Terms of Use, any terms of use applicable to the relevant content or materials, and all applicable laws; ACI disclaims any warranties regarding your use of such features.

  1. LINKING TO THIS WEBSITE 

You are welcome to provide links to the pages of this website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this website, and (b) you discontinue providing links to this website if requested by ACI.

  1. LICENSE OF YOUR OWN MATERIALS FOR USE ON THIS WEBSITE AND THIRD PARTY SITES 

By uploading content to or submitting any materials for use on this website (other than for licensing through an applicable licensing service made available by ACI or its affiliates, which arrangement must be made by separate agreement), you do not convey any ownership in those materials to ACI. Rather, by such act, you grant (and warrant that you are entitled to grant) to ACI and its affiliates a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed, provided that ACI, its affiliates and their respective sub-licensees use such materials in a manner consistent with ACI’s or the relevant affiliate’s general business and the ACI Privacy Policy. In addition to the foregoing, you acknowledge that the terms of any third party website accessible through this website may require you to grant similar licenses to the owner of such site or to other third parties as a condition of using such third party site, and you acknowledge that ACI and its affiliates have no responsibility for and assume no liability whatsoever in connection with your use of any such site or the use of your materials by any such third party. You agree that you shall have no recourse against ACI or its affiliates for any alleged or actual infringement, misappropriation or other violation of any proprietary right in your communications to us or any other materials or content you upload or submit to this website or to any third party website.

  1. NO SOLICITATION 

You agree that you will not distribute on or through this website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of ACI. Notwithstanding the foregoing, in any interactive areas of this website, where appropriate (a) you may list your name, address and email address, and your own website’s URL, and (b) you may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this website without the express written permission of ACI.

  1. REGISTRATION 

Certain sections of this website require you to register. If registration is requested, you agree to provide ACI with accurate and complete registration information. It is your responsibility to inform ACI of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular ACI service expressly authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential) and will be solely responsible for any activities that occur under your account. If you believe there has been unauthorized use, please notify ACI immediately at info@ACI.info.

  1. POSTINGS IN INTERACTIVE AREAS OF THE WEBSITE 

Postings to be Lawful. If you participate in interactive areas on this website, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other materials (“Postings”) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. ACI may delete your Posting at any time for any reason without permission from you.

Postings to be in Your Name. You must sign your Postings with your real name; ACI reserves the right to delete any anonymous Postings in its sole discretion. Such Postings will not be edited or modified. In your Postings, you agree not to misrepresent your identity or your affiliation with any person or entity.

No Monitoring of Postings. ACI has no obligation to, nor does it intend to, edit, monitor or screen Postings, and ACI is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, ACI reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use.

Non-Commercial Use Only of Interactive Areas. Any interactive area of this website is provided solely for your personal use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of ACI. Any unauthorized use of any interactive area of this website, the Materials or any Postings is expressly prohibited.

  • ERRORS AND CORRECTIONS 

ACI does not promise that this website or the materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that the website or materials will always be accessible. ACI does not promise that the materials are or will be correct, accurate, timely, or otherwise reliable. ACI may make improvements and/or changes to the website features, functionality or materials at any time.

  • THIRD PARTY CONTENT 

Third party content and materials may appear on this website or may be accessible by way of links from this website and access to such materials is provided solely as a convenience to you. Such content and materials may be protected by U.S. and foreign copyright laws, and you agree to adhere to the terms and conditions asserted by the copyright holder(s) of any such content and to all applicable laws with respect to the use of such content. ACI is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content or materials appearing on this website or accessible through it. You understand that the information and opinions in the third party content and materials are not endorsed by, and do not necessarily reflect the opinions or beliefs of, ACI, its affiliates, or any of their respective employees, directors or other representatives. No license or right is granted to you hereunder with respect to any such third party content or materials. ACI and its affiliates do not endorse, warrant, guarantee or assume any liability with respect to, and have no responsibility and assume no liability for any use made by you of, any such third party content or materials.

  • ADVERTISEMENTS

Some of the services made available through the website are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information made available through the website, queries made using the website, or other information. The manner, mode and extent of advertising on the website are subject to change without specific notice to you. In consideration for ACI granting you the license set forth in Section 1 of these Terms of Use, you agree that ACI may place such advertising on the website and related materials and services. ACI does not endorse or recommend any products, processes or services described in or linked to from any advertisements made available on the website.

  1. ATTORNEY ETHICS NOTICE 

If you are an attorney participating in any aspect of this website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. ACI disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any chat area on this website, including but not limited to the message boards, you will not offer legal advice, but will only provide general information.

  • DISCLAIMERS

THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE, WITH ALL FAULTS” BASIS. ACI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. ACI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (i) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEBSITES, OR ANY THIRD PARTY CONTENT, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (iii) THE UNAVAILABILITY OF THIS WEBSITE, THE MATERIALS, OR ANY PORTION THEREOF, (iv) YOUR USE OF THIS WEBSITE OR THE MATERIALS (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY THIRD PARTY CONTENT ACCESSED ON OR THROUGH THIS WEBSITE), OR (v) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE MATERIALS. [Note: You may have additional consumer rights under your local laws, which these Terms of Use do not change.]

  1. LIMITATION OF LIABILITY

ACI IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE MATERIALS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT), THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. ACI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (b) ANY THIRD PARTY WEBSITES, (c) ANY THIRD PARTY CONTENT OR OTHER MATERIALS THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEBSITE, (d) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (e) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (f) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH ACI OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (g) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER ACI KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ACI’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1,000.00. [Note: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms of Use may not be brought more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.]

  1. INDEMNIFICATION

You hereby indemnify and agree to defend and hold harmless ACI, its affiliates and their respective officers, directors, employees, agents, licensors and suppliers, their participating copyright rights-holders and users, and any third party information or content providers to this website, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, the Additional Terms or any other applicable ACI terms and conditions, or from any use of content or other materials made available or accessible through this website, by you (or, where applicable, by your organization).

  • THIRD PARTY RIGHTS

The provisions of Sections 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of ACI and of each of the other persons listed in Section 16. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

  • INTELLECTUAL PRIVACY POLICY

It is ACI’s policy to respond to clear notices of alleged infringement that take place on the website. This policy describes the information that such notices should contain and outlines our notice response and takedown procedures. Please note that ACI may include links to third party websites, and we have no responsibility for content on such sites. The terms of use of those websites govern your use of any material accessed on or through such sites.

Format of Notice

If you believe that your work has been infringed or that your intellectual property rights have been otherwise violated, you should provide ACI’s Agent for Notice with a notice that contains the following information:

identification and a description of the material that you believe has been infringed;

identification and a description of the material that you claim is infringing the material identified under item 1 above (including, without limitation, the URL of the ACI web page(s) that contain the allegedly infringing material);

your address, telephone number, and email address;

the statement: “I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law”;

the statement: “I swear, under penalty of perjury, that the above information in this notice is accurate and that I am the owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”; and

your physical or electronic signature.

The form of notice described above is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”), but this form should also be used for notices from outside the U.S. Please note that under U.S. copyright law, you may be subject to liability if you materially misrepresent that a posting, product or activity infringes your copyright.

Agent for Notice

ACI’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email

dmca_agent@ACI.info

Please note that attachments cannot be accepted due to security concerns. Accordingly, any notice submitted electronically with an attachment will not be received or processed. Your notice may, however, include a link to the location of the allegedly infringing material on our website.

By mail

ACI Information Group
3000 N. Ocean Drive, #17A
Riviera Beach, FL 33404
USA
ATTN: DMCA Agent for Notice

By telephone
1-212-380-1855

By fax
1-203-889-3000
Response Procedure

Regardless of whether ACI may have any liability for infringement that is alleged in a notice as described above, our response to notices of infringement may include deleting or disabling access to the allegedly infringing material and/or suspending or terminating the accounts of infringing users. We may also document notices of alleged infringement on which we act.

Counter Notification

The provider of any material that is removed following a notice of alleged infringement may make a counter notification pursuant to the DMCA. When we receive a DMCA-compliant counter notification, we may reinstate the material in question.

  1. UNLAWFUL ACTIVITY

ACI reserves the right to investigate complaints or reported violations of our Terms of Use, the Additional Terms or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

  • REMEDIES FOR VIOLATIONS

ACI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, the Additional Terms or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this website and any other ACI websites and their features, or to otherwise deny your access to the services made available through such websites.

  • GOVERNING LAW AND JURISDICTION

By visiting ACI.info, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and ACI. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in New York County, New York, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

  • ADDITIONAL TERMS

Privacy Policy. Your use of this website is subject to ACI’s Privacy Policy.

Terms of ACI’s Premium Service and Other Services. Your use of one or more ACI Premium Service or any other service offered by ACI or its affiliates is also governed by the Additional Terms and any other terms and conditions that apply to that service (including any applicable rights-holder terms and conditions, the prices for content purchases or intellectual property licenses obtained by you, and any applicable billing and payment terms). Each supplemental set of terms and conditions is available to you in the course of conducting any transactions under the aforementioned service (and afterwards, as part of the record of such transactions), and by this reference all of those terms and conditions are incorporated into these Terms of Use.

  1. SEVERABILITY OF PROVISIONS These Terms of Use incorporate by reference any notices contained on this website, ACI’s Privacy Policy and the Additional Terms applicable to each of ACI’s other services. Together they constitute the entire agreement between you and ACI with respect to access to and use of this website and the materials. If any provision of these Terms of Use or of any Additional Terms is unlawful, void or unenforceable, or conflicts with specific ACI licensing or other service terms and conditions that are applicable to the circumstances, then that provision shall be deemed severable from the remaining provisions and shall not affect the latter’s validity or enforceability.
  • MODIFICATIONS TO TERMS OF USE

ACI may make changes to these Terms of Use at any time. When we make any material change to these terms and conditions, we will inform you by posting a notice on the homepage of ACI.info for 30 days that the terms and conditions have been updated and by changing the “effective date” on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this website and are effective immediately. Please review these Terms of Use regularly. Continued use of this website after any such changes constitutes your consent to such changes.