Terms of Use
As of March 1, 2021
The following terms and conditions (these “Terms of Use”) apply to the website at www.acaglobal.com (this “Website”) that is owned or operated by SIH ACA Topco, L.P. or its subsidiaries (collectively, “ACA”).
By accessing and using this Website, you agree to be bound by these Terms of Use, and to comply with all applicable laws and regulations. If you do not agree with any of these Terms of Use, you are prohibited from accessing or using this Website.
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into this Website. This Website and its Content are for informational purposes only and do not create a business or professional services relationship between you and ACA. The information provided on this Website should not be construed as legal, tax, accounting or any other professional advice or services. You should consult with an attorney, accountant, or other professional advisor familiar with your particular factual situation for advice.
This Website and its Content are owned by ACA or its licensors and protected by copyright, trademark, and other laws of the United States and foreign countries. Subject to your continued compliance with these Terms of Use, ACA grants you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use this Website and the Content for your personal, non-commercial use. You are not authorized to copy any software, proprietary processes, technology, or Content embodied or described in this Website. Nothing contained in this Website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of ACA or any third party. ACA and its licensors reserve all rights not expressly granted in these Terms of Use.
You will not: (i) remove any trademark or copyright notices contained in this Website or its Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit this Website or its Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror this Website or its Content; (iv) disassemble, decompile or reverse engineer this Website or its Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding this Website or ACA’s other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of this Website or any other systems; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through this Website; (x) use this Website in a way that will adversely affect us or reflect negatively on us, any of ACA’s goodwill, name or reputation; or (xi) provide any false or misleading information or any information that you do not have the right to provide.
You will defend, indemnify, and hold ACA and its, and its affiliates’, officers, directors, employees, and agents harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements, including reasonable attorneys’ fees, resulting from your use of this Website or its Content or your violation of these Terms of Use.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALTHOUGH ACA MAY MAKE CHANGES TO THE CONTENT ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE, ACA DOES NOT MAKE ANY COMMITMENT TO UPDATE THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ACA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS CONTENT, OR ANY INFORMATION OR OTHER MATERIALS DOWNLOADED FROM THIS WEBSITE WILL BE ACCURATE, CURRENT, UNINTERRUPTED, SECURE, ERROR-FREE, OMISSION-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ACA EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. YOUR USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. ACA IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER RESULTING FROM ACCESS TO THIS WEBSITE, OR FOR ANY ISSUES ARISING FROM THE CORRUPTION OR UNAVAILABILITY OF ANY NETWORK. UNDER NO CIRCUMSTANCES SHALL ACA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THIS WEBSITE, ITS CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THIS WEBSITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Certain links on this Website may lead to websites, resources, or tools not operated or maintained by ACA. A link to another website, resource, or tool is not an endorsement of it or its content. ACA does not control or endorse such websites and is not responsible for their content, nor is ACA responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or provided by third parties. Any views expressed by any third parties are the views of the applicable author and do not necessarily align with ACA’s views. ACA has no control over, and is not responsible for, your interactions with any third parties. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and ACA is not party to any such transactions or agreements unless otherwise expressly stated. You are solely responsible for your interactions with any third parties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACA DISCLAIMS ALL LIABILITY IN RESPECT OF THE INFORMATION PROVIDED ON THIS WEBSITE, WHETHER UNDER A THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF ACA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE DISCLAIMER IS UNENFORCEABLE, THEN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ACA WILL NOT BE LIABLE TO YOU FOR ANY AGGREGATE AMOUNT EXCEEDING THE GREATER OF $50 USD OR THE AMOUNTS PAID BY YOU TO ACA IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
ACA may revise these Terms of Use at any time in ACA’s sole discretion without notice. By using this Website, you are agreeing to be bound by the then-current version of these Terms of Use. ACA reserves the right, in its sole discretion, to terminate your access to all or part of the Website, without notice to you. ACA additionally reserves the right to modify or discontinue this Website (or any part thereof) without notice. Your right to use this Website and its Content will automatically terminate if you breach these Terms of Use. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms of Use which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
You agree that these Terms of Use and any legal action or proceeding relating to this Website shall be governed by the laws of the State of New York without reference to its choice of law rules. and the parties agree to the exclusive jurisdiction of the state and federal courts in Manhattan, New York in resolving any disputes arising in connection with these Terms of Use or this Website or Content.
Unless expressly stated otherwise in the Website content, any information submitted by you through this Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Website and you agree that you will not access or use the information provided on this Website in violation of such laws.
If you send any suggestions, improvements, concepts, ideas or other feedback (“Feedback”) to ACA, ACA has no obligation to protect or keep the Feedback confidential, and you hereby grant ACA a perpetual, irrevocable, worldwide, royalty free, transferable and sublicensable license to the Feedback and all intellectual property rights therein to use, modify, develop, create derivative works based on, and otherwise exploit the Feedback for any purpose whatsoever, without notice, compensation, or approval to or from you.
You acknowledge that ACA may use your personal information according to the ACA Compliance Group Privacy Policy, which is posted on this Website and incorporated herein by this reference. You hereby agree to the terms of the ACA Compliance Group Privacy Policy, including any obligations imposed on you therein.
If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. The failure of ACA to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive ACA’s right to enforce subsequently any of these Terms of Use or to act with respect to similar breaches. These Terms of Use and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter