By accessing the Website or otherwise using any information, materials, products, content, design, compilations, magnetic translations, digital conversions, communications, software, photos, video, graphics, music, sounds and other material and/or services that are available on the Website or provided by ACA that can be viewed by Users (“ACA Content”), you agree to the legal disclaimers listed in this section:
- Any ACA Content is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. ACA makes no representation or warranty that the ACA Content is accurate, complete, or current for any specific or particular purpose or application.
- ALL ACA CONTENT IS PROVIDED “AS IS.” ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACA IN WRITING. BY USING ANY ACA CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, THE USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH THE CONTENT, UNLESS PROVIDED IN WRITING BY ACA IN A SEPARATE CONTRACT.
- ACA Content does not include any third-party hyperlinks or other third-party content offered on the Website that is not controlled by ACA (“Third-party Material”) and such inclusion is not intended to, nor constitutes, an endorsement by ACA of the Third-party Materials. The Third-party Material within the ACA Content are solely those of the third-party and do not reflect the opinions of ACA.
- ACA will not be liable for any damages, whether direct, indirect, special, general, consequential, alleged lost profits, or other that may result from any use of or reliance on the ACA Content or any Third-party Material.
“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any ACA Content, except for any Third-party Material, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship and all copyrights in any jurisdiction (whether or not registered), including, but not limited to, any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA (“Trademark(s)”); and (d) any other proprietary rights associated with ACA’s Content, whether or not it is considered confidential.
RIGHT TO USE
- Any unauthorized use of ACA Content is strictly prohibited and is a violation of ACA’s rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACA.
- ACA does not warrant or represent that User’s use of ACA Content, or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY ACA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ACA DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM ACA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ACA is committed to facilitating the accessibility and usability of its websites for people with disabilities. Working with a retained accessibility consultant, ACA is implementing the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 Level AA (“WCAG 2.1”) as its web accessibility standard.
ACA’s continuing efforts to ensure accessibility include:
- The Website will use keyboard navigation optimization so the website can be operated by the keyboard, i.e., in a device-independent manner, without the use of a mouse or other pointing device.
- Foreground/background color schemes will meet or exceed threshold levels specified in WCAG 2.1.
- Multimedia (audio clips or video) will be captioned and, when necessary, described.
Please be aware that our efforts are ongoing. If, at any time, you have questions about the accessibility of any Website pages, or if you’d like additional assistance, please contact us at [email protected] or by telephone at (800) 269-1607. If you do encounter an accessibility issue, please be sure to specify the web page in your email, and we will make all reasonable efforts to make that page accessible for you.
Although the Website may be accessible worldwide, ACA makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.
Updated: October 5, 2021