1. Your Acceptance
2. Site Access
In order to access some features of the Site, you will have to create an account. Users are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. Users are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In addition, you agree to immediately notify Acuity of any unauthorized use of your password or account or any other breach of security. Acuity cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Site in a manner that sends more request messages to the Acuity servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, Acuity grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Acuity reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
3. The Acuity.com Site
4. Intellectual Property Rights
The content on the Site, except all User Submissions (as defined below), including without limitation, the text, graphics, illustrations and/or photos created by and for Acuity, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Acuity, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Acuity or as expressly provided herein. Acuity reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
5. User Submissions
The interactive nature of postings on Acuity makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Acuity users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") now or in the future are not endorsed by Acuity, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. In the case that Acuity is interested in manufacturing and selling your User Submission, a separate contract and agreement will be put in place between you and Acuity.
If you choose to post User Submissions on Acuity Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Acuity reflects your respect for the legal rights of users connected with Acuity. You understand that Acuity does not guarantee any confidentiality with respect to any User Submission.
Acuity expressly disclaims any and all liability in connection with User Submissions. Acuity reserves the right to remove Content and User Submissions in its sole discretion and without prior notice for any reason whatsoever. Acuity also reserves the right to terminate a user's access to the Site at any time in its sole discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Site and to any and all materials you post on Acuity, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (also collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Acuity.
You may not, in connection with the Site:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which users are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Acuity’s express advance authorization or in a specially designated area, use the Site to:
Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
engage in commercial activities within Acuity;
harm minors in any way;
solicits personal information from anyone under 18;
provide false or deceptive information;
use Acuity content to engage in commercial activities;
delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so; or
7. Design Submissions
If users are submitting a Design to Acuity, you agree to additional Terms and Conditions.
8. Copyright Infringement
Acuity respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Acuity and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Acuity reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
a. We take a number of steps to protect the security and privacy of information about you. Here are some examples.
b. We keep information under physical, electronic, and procedural controls in compliance with governmental standards.
c. We have corporate policies that limit employee access to confidential information, and limit the use and disclosure of such information only to authorized processes and transactions. Our employees, agents, and contractors are instructed to access information about you only when they require it to do their work for us.
d. We use Secure Socket Layer (SSL) technology to encrypt your personal information such as your user ID, password, and account information over the Internet. You may check that your web session is secure by looking for a small lock symbol usually located in the lower corner of your web browser window. You may also look for https:// at the beginning of your website; the “s” means that the web connection is encrypted.
e. We require companies working for us to protect your information. They agree to use it only to provide the services we ask them to perform for us.
f. When applicable, we do not store your credit card information that you enter on our web site.
g. We may share information about you with other companies that work for us. We may also share information with other organizations for the purposes of scientific and health research, but on an aggregated basis, meaning those thirds parties will not know your name, address and other personally identifying information about you. Any information that is shared is protected under the same controls as if the information is residing in our environment. We are bound by policy and law to safeguard confidential information for all of our clients.
h. We take great care of personal information and any situation that involves misuse or theft of confidential information is treated very seriously. If your information is compromised at our site you will receive a letter from us informing you of the situation and what the next steps are.
i. If you think users are a victim of stolen identification resulting from the use of our services, please email us at email@example.com.
j. For more information on protecting yourself against identify theft and fraud, please go to http://ftc.gov/IDtheft.
B In order to provide visitors with other valuable information Acuity may provide links to third-party site. However, we do not have authority over third-party sites, each of which maintains independent privacy and data collection policies and procedures. We do not warrant or represent that the information submitted to these other sites will be protected against, loss, misuse, or alteration by third parties. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination site. We cannot and do not assume responsibility or liability for any information you submit to other sites or for third parties' use or misuse of information transmitted to them. These destination links are provided only for your convenience and, as such, you access them at your own risk. However, we wish to assure the integrity of its site and its destination links, so any comments pertaining to our site or any site accessed through our site links are greatly appreciated.
C. By request, Acuity collects certain Users first and last names and email addresses along with the regularly collected information above (“Database User Information”). This information will not be sold or redistributed without the Database User’s permission; will be securely stored by Acuity, and used by Acuity to develop the Site and Acuity’s business to address the needs and interests of its Users.
10. Modifications to the Site
Acuity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Acuity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
12. Warranty Disclaimer
13. Limitation of Liability
IN NO EVENT SHALL ACUITY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ACUITY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ACUITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Acuity from the United States of America. Acuity makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17. Copyright Notice
The Acuity Site is All Rights Reserved and no portion of the Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Acuity.
All of the Acuity trademarks are owned by Acuity and may not be used for any purpose without the prior written permission of Acuity.