The Site is made available to registered users for which a current and valid Participant Agreement has been executed. By becoming a Site user, you are indicating that you agree to be bound by all of the terms and conditions in this Agreement.
The ACCF may change the terms in this Registered User Agreement. When the terms are changed, the ACCF will notify you by e-mail or online postings. Your continued use of the services shall be construed as your acceptance of the updated agreement terms
Access to Service
The Service is only available to registered users by logging in to the Service using your username and password (collectively "User ID"). Use or sharing of your User ID with a non-registered user is prohibited, and your failure to comply will result in immediate suspension of your account. You are solely responsible for maintaining the confidentiality of your User ID and all activities that occur under your User ID. You agree to immediately notify ACCF in the event that (i) your User ID is lost or stolen, or (ii) you become aware of any unauthorized use of your User ID or of any other breach of security that might affect the Site. ACCF is in no way liable for any claims or losses of any kind related to the use or misuse of your User ID due to the activities of third-parties outside of ACCF's control or due to your failure to maintain the confidentiality and security of your User ID.
Intellectual Property Rights
The Service and Site, including the information, text, graphics, images, audio and video files, trademarks and other materials that may be contained therein (collectively "Content"), is owned by ACCF and/or its suppliers and is protected by patents, copyrights, trademarks, and other proprietary rights. Except as specifically provided in this Agreement, your use of the Service and Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws.
ACCF grants you a limited, nonexclusive, nontransferable, revocable license to utilize and access the Service and Content for your noncommercial, personal use according to the terms and conditions in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Service and/or any of the Content, in whole or in part. Except as expressly granted by this Agreement, you acquire no right, title or interest in the Service, Site or the Content or other data or materials incorporated in the Service. ACCF, ACC or affiliates or licensors thereof shall retain all right, title and interest in the Service, Site and Content.
Fees and Payments
Access to the Service is provided to registered users as described above.
ACCF is not responsible for any charges associated with connecting to the Site or incurred to access the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone, computer and other equipment charges, and fees charged by an Internet access provider or other third-party service for your use of the Service.
Term and Termination
Your access to the Service will continue for as long as your institution is under a valid Participation Agreement as described above. ACCF may terminate your access and/or Service at any time.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ACCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE AND/OR SITE, (ii) THE COST OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) THE USE OR INABILITY TO USE ANY THIRD PARTY APPLICATIONS CONTAINED WITHIN THE SERVICE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
Disclaimer of Warranties
THE SERVICE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCF AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACCF MAKES NO WARRANTY THAT THE TOOL AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE AND SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICE OR SITE IS TO CEASE ITS USE.
You are responsible for all content, data, information or other materials (collectively, "User Content") that you upload, post, email or otherwise transmit using the Service. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to ACCF, you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You may not directly or indirectly, intentionally disrupt or interfere with the Service in any manner that may adversely affect ACCF or any user of the Service.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
Neither party shall be liable or considered in default under this Agreement when the failure or delay of performance is caused by circumstances beyond its reasonable control and occurring without its fault or negligence, including failure of suppliers, licensors, subcontractors, and carriers, acts of civil or military authorities, national emergencies, fire, flood, acts of God, threats or acts of terrorism, insurrection, and war, provided the party invoking this Section immediately provides notice thereof to the other and does everything reasonable possible to resume its performance hereunder.
This agreement is personal to you, and you may not assign your rights or obligations to anyone.
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
You hereby agree to indemnify, defend and hold ACCF, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees and costs, incurred in connection with any claim arising from your use of the Site or Content.
The Agreement shall be governed by and construed exclusively in accordance with the laws of the District of Columbia, USA, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. If a dispute arises between ACCF and you, we hereby agree to submit such dispute to non-binding mediation, followed by binding arbitration, if necessary. Both the mediation and arbitration will be conducted by JAMS applying the laws of the District of Columbia without regard to its conflicts of laws principles and in the District of Columbia as venue.