By using Acobot.com ("Acobot") software, website and services ("Services"), you ("User") agree to be bound by this Agreement, whether you are a visitor browsing the Acobot site or a user registered with Acobot. Acobot may modify this Agreement from time to time. Your continued use of Acobot after Acobot revises this Agreement signifies your acceptance of the revised Agreement.
1. Provision of the Services by Acobot. You acknowledge and agree that the Services which Acobot provides may change or stop at Acobot's sole discretion, without prior notice to you. Acobot may restrict any IP address, email address, any individual or organization at any time, for any or no reason, with or without prior notice, and without liability. You acknowledge and agree that if Acobot disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2. Use of the Service by You. You agree to use the Services only for purposes that are permitted by (a) this agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that any registration information you provide to Acobot is accurate, correct, and up to date. You agree to not access any of the Services by any means other than through the interface that is provided by Acobot. You agree that you will not engage in any activity that interferes with or disrupts the Services.
3. Content in the Services. You agree that you are solely responsible for any Content that you create, transmit or display while using the Services. You understand that due to technical limitations, Acobot may provide you and/or your website visitors with inaccurate Content. You further acknowledge and agree that by using the Services you may be exposed to Content that you may find inaccurate, incorrect, untrue, offensive, indecent or objectionable. You acknowledge and agree to use the Content at your own risk, and that Acobot has no responsibility to you or to any third party for the Content. Acobot reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
4. Content License from You. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the content through the Services, you give Acobot a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you and/or your website visitors submit, post or display on or through, the Services. This license is for the sole purpose of enabling Acobot to deliver, distribute, promote, and improve the Services. You acknowledge and agree that the Content created by you and/or your website visitors may be used by other Acobot users in a collective and anonymous manner and vice versa. You understand that Acobot, in performing the required technical steps to provide the Services to you and other users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content. You agree that this license shall permit Acobot to take these actions. You confirm and warrant to Acobot that you have all the rights, power and authority necessary to grant the above license.
5. Charges and Payment. Acobot reserves the right to charge for the Services and to change its fees, rates, payment policies, and payment terms from time to time at its discretion, with or without prior notice. Where the User stops using the Services and there are any unused prepaid fees, Acobot may choose, at its sole discretion, to stop providing the Services and refund the fees, or continue to provide the Services until the prepaid fees are used up.
6. Scheduled Maintenance. For technical reasons Acobot needs to perform maintenance tasks with the system regularly and thus temporarily stops providing the Services to all or certain users now and then. You understand that the charges for the Services are based on such a schedule. You further agree that Acobot has no responsibility or liability to refund or compensate you for the unavailability of the Services. Acobot shall take reasonable effort to shorten the time of maintenance and perform the tasks during low traffic hours of the your websites as possible. Where the accumulative time of unavailability of the Services exceeds 24 hours, Acobot shall grant the User a credit of the Services for the same time during the next billing period.
7. Account Security. You are entirely responsible for maintaining the confidentiality of your password, as well as for any and all use of your account. Accordingly, you agree that you will be solely responsible to Acobot for all activities that occur under your account.
9. Right of Publicity. By registering with Acobot, you agree to the publishing of your business names as Acobot client. Your using of the Services constitutes permission for us and our affiliates, agencies and designees to use your business names, domain names, trademarks and logos for advertising and promotional purposes relating to Acobot in any and all media now or hereafter devised, worldwide in perpetuity (or to the maximum extent permissible under applicable law), without additional compensation, notification or permission, unless prohibited by law.
10. Termination. This Agreement and any subsequent revisions shall remain in full force while you use the Services. You may terminate this agreement by stopping use of the Services, and Acobot may terminate this agreement by not providing the Services to you.
11. Disclaimers. Acobot is not responsible for and makes no warranties, expressed or implied, as to the Content or the accuracy and reliability of the Content provided through the Services, whether caused by Users of the Acobot or by any of the equipment or programming associated with or utilized in the Acobot, and as such, User Content does not necessarily reflect the opinions or policies of Acobot. The Contents may contain links to other sites. Acobot is not responsible for the content, accuracy or opinions expressed on such sites, and such sites are not necessarily investigated, monitored or checked for accuracy or completeness by Acobot. Inclusion of any linked site on Acobot does not imply approval or endorsement of the linked site by Acobot. When you access third party sites, you do so at your own risk. Acobot takes no responsibility for third party advertisements that are posted on Acobot, nor does it take any responsibility for the goods or services provided by its advertisers. Acobot is not responsible for the conduct, whether online or offline, of any User of the Acobot. Acobot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Acobot is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Acobot or any combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Acobot. Under no circumstances shall Acobot be responsible for any loss or damage, including personal injury or death, resulting from use of Acobot, from any User Content posted on Acobot, or from the conduct of any Users, whether online or offline. The Acobot Services are provided "AS-IS" and as available and Acobot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Acobot cannot guarantee and does not promise any specific results from use of Acobot.
12. Limitation of Liability. IN NO EVENT SHALL ACOBOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF ACOBOT, EVEN IF ACOBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACOBOT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACOBOT FOR OUR SERVICES DURING THE LAST BILLING CYCLE. SERVICES FEES ARE THOSE FEES OF USING THE ACOBOT SITE AND ITS FUNCTIONALITIES. AMOUNT PAID TO ANY THIRD PARTY VIA ACOBOT ARE NOT CONSIDERED AS THE SERVICES FEES PAID TO ACOBOT.
13. Disputes Settlement. The Agreement shall be governed by the laws of United States, without regard to its conflict of law provisions. You and Acobot agree to submit to the exclusive jurisdiction of the courts in California, USA to resolve any dispute arising out of the Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR NOT, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14. Indemnity. You agree to indemnify and hold Acobot harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Acobot in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on Acobot causes Acobot to be liable to another party.
15. Force Majeure. This Site is and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Acobot’s control, including but not limited to:
(a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.
16. Notice. Any notice required to be given under the TOU will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Acobot shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.
17. Headings. The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.
18. Miscellaneous. This Agreement is accepted upon your use of the Acobot site. This Agreement constitutes the entire agreement between you and Acobot. The failure of Acobot to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.