ACP CONSULTANTS LLC
These terms of service (“Terms”) cover your use and access to our services, client software, your online account and our website (“Services”) and outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms.
When you use our Services, you provide us with your files, content, documents, contacts and so on (“Your Documents”). You agree that you will only provide documents that you are authorized to access.
By accessing our Services, you grant ACP Consultants permission to store Your Documents, including back-up copies.
You give permission for ACP Consultants to contact you via phone or email to communicate with you regarding your account.
You are responsible for your conduct, Your Documents and you must comply with our Services Agreement. Please do not copy, upload, download or share content unless you have the right to do so.
Your Documents are protected with the highest level of security. YOU AGREE THAT YOU WILL NOT ATTEMPT TO CIRCUMVENT ANY SECURITY MEASURES SET BY ACP CONSULTANTS.
You have no right to access any content or documents uploaded by any other user. Only authorized users may access Your Documents.
Some of our Services allow you to download client software in a Mobile Application (“App”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the App, solely to access the Services. To the extent any component of the App may be offered under an open source license, we make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We may review your conduct and content for compliance with these Terms and our Services Agreement, however we have no obligation to do so. We are not responsible for any content people post and share via the Services.
Please safeguard your password to the Services, make sure that others do not have access to it, and keep your account information current. Do not share your password with any other person without notifying ACP Consultants in advance. YOU ARE RESPONSIBLE FOR ALL LOSS RESULTING FROM SHARING OF YOUR PASSWORD.
You are strongly urged to change the password to your online account often, at least once every 30 days.
Be aware of the security of your surroundings when accessing Your Documents and the App. Do not access your account or the App in open networks, or in any location using “Free WI/FI.”
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, others’ content in the Services, ACP Consultants’ trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions to improve our Services without any obligation to you.
We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
We reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
Services “AS IS”
We strive to provide great Services, and have gone to the fullest extent to provide the highest level of security that technology will allow. Ongoing monitoring of the security of the Services will be our highest priority, however there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ACP CONSULTANTS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR ACP CONSULTANTS’ OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL ACP CONSULTANTS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT ACP CONSULTANTS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, ACP CONSULTANTS, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $ THE AMOUNTS PAID BY YOU TO ACP CONSULTANTS FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places do not allow the types of limitations in this paragraph, so they may not apply to you.
We want to address your concerns without needing a formal legal case. Before filing a claim against ACP Consultants, you agree to try to resolve the dispute informally by contacting ACP Consultants. We will attempt to resolve the dispute informally. You and ACP Consultants agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Los Angeles or Orange County, California, subject to the mandatory arbitration provisions below. Both you and ACP Consultants consent to venue and personal jurisdiction in such courts.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
You and ACP Consultants agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by notifying ACP Consultants in writing or by email that you intend to opt-out within 30 days of first accepting these Terms.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. ACP Consultants will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or ACP Consultants may assert claims, if they qualify, in small claims court in Los Angeles County or Orange County CA. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These Terms constitute the entire agreement between you and ACP Consultants with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
ACP Consultants’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ACP Consultants may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.