Ackert Inc. Terms and Conditions of Use
Effective Date: October 27, 2020
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCTS THROUGH THE WEBSITE.
License To Use Site
When you or your firm purchases PipelinePlus content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner other than as specifically permitted in advance in writing by the Company. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.
You acknowledge that you are 18 years of age or the applicable legal age of majority or older. Children under the age of 18 are not eligible to subscribe and are not allowed to visit or otherwise use our Website.
Certain Account and Password Obligations
When you register as a Subscriber on ackertinc.com, pipelineplus.com, or practiceviewer.com, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.
You agree to notify the Company immediately if you suspect any unauthorized use of your account or loss, theft, access to, or unauthorized use your password. You are solely responsible for any and all use of your account and you agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). Your username and password are not transferable.
Credit Card Payments
If you provide a credit card for payment purposes, you hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company. You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of the Company within sixty (60) days after the end of the questioned billing period. Charges beyond sixty (60) days old are not subject to review. Once purchased by you, products are non-refundable, except at the Company’s sole discretion.
You understand and agree that the Website is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:
- Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass or advocate harassment of another;
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
- Exploit people in a sexual or violent manner;
- Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
- Solicit personal information from anyone under 18 years of age;
- Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
- Promote an illegal or unauthorized copy of another party’s copyrighted work;
- Solicit passwords or personal identity information for commercial or unlawful purposes from other users; or
- Solicit money from others.
What You Agree To Do And Not Do
• you will not hack into the Website, or modify another website so as to falsely imply that it is associated or affiliated with the Website;
• you will only access and use the Website for legal purposes and you may not use our products or Website contents for any illegal or unauthorized purpose;
• you will not damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;
• you are 18 years of age or the age of majority or older;
• you will only have one (1) account;
• you are not restricted from using the Website;
• you have the legal right to use the payment method provided;
• you will provide all required information and complete all required aspects of the account registration process;
• all information you provide to us in connection with such account and/or registration is true, accurate, and complete and your real name is used on your account registration;
• you will keep your password and account information secure;
• you will comply with any applicable third-party terms of agreement when using the Website (e.g. you must ensure your use of the Website is not in violation of your internet access provider’s service agreement or the applicable third-party entities that you may use for log-in to your account);
• you will abide by all applicable laws, rules, regulations, statutes, codes, and governmental orders (“Laws”) when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Website and use of the products and Website (including, but not limited to, trademark and copyright Laws); and
• you will not access or attempt to access any password-protected, secure, or non-public areas of the Website without our express permission.
Copyright and Trademark
All content on the Website, and all products sold on the Website, including, but not limited to, design, text, graphics, images, button icons, technology, software, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright and other intellectual property Laws. All rights are reserved. No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation, Ackert Inc., PipelinePlus, and associated logos.
Copyright Infringement Policy
The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users or subscribers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description 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; a description 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 us to locate the material; your address, telephone number, and email address; a written 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; and 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. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: PO Box 261728, Encino, CA 91426 Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “Subscriber Content”). You are solely responsible for the Subscriber Content that you post on or through the Website or otherwise submit to the Company, through the Website or otherwise. You understand and agree that the Company may review and delete or remove any Subscriber Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of users, subscribers, the Company or others.
By posting Subscriber Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such Subscriber Content and to prepare derivative works of, or incorporate into other works, such Subscriber Content, in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that your Subscriber Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such Subscriber Content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You acknowledge that all content contained on this Website is for informational purposes only. The Company makes no claims and/or guarantees as to the effectiveness of the information contained herein. The content is not intended to be a substitute for professional legal, accounting or financial services advice. Always seek the advice of a qualified professional with any questions you may have regarding your finances, or any other information that is either contained in or referred to on the Website. Never disregard professional advice due to anything you have read on this Website.
The Company does not recommend, guarantee, test or endorse any third-party procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company. Reliance on any third-party information posted on this Website, including without limitation Subscriber Content, is solely at your own risk.
The Website may feature interviews, information or other content from professionals. The Company does not ensure the accuracy or endorse the conduct of these professionals. Any third-party content, products, information, or services posted on, transmitted through, or linked from the Website are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, OR SERVICES.
Without in any way intending to revise or limit the foregoing, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of professionals on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to among other things, product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Website is void where prohibited.
All features, specifications, information, links, and other information if and as described on our Website are subject to change at any time, without notice. There may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third-party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Website or third-party websites linked to.
Additional Warranties and Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided “AS IS, AS AVAILABLE” and without warranties of any kind with respect to its fitness for a particular purpose, non-infringement, security, correctness, accuracy, reliability or otherwise. ASIDE FROM THE COMPANY’S USE OF COMMERCIALLY REASONABLE MEANS, THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the exclusions herein may not apply to you.
Limitation of Liability
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the exclusions herein may not apply to you.
This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in accordance with the Dispute Resolution by Binding Arbitration and Class Action Waiver Section herein or an appropriate court located in Los Angeles, California.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or (if proper) a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at email@example.com (email). Before formally submitting a Dispute to arbitration, you and the Company may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or the Company may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by Law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. We will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable Law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the Website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at firstname.lastname@example.org (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the Website, you are not eligible to opt out of arbitration with respect to claims relating to the Website.
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.
Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Ackert Inc., PO Box 261728, Encino, CA 91426.
Modifications to this Agreement
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.