1. ACKNOWLEDGMENT AND ACCEPTANCE
3. WEBSITE ACCESS
4. ACCOUNT REGISTRATION
B. Registered accounts are available only to individuals who are at least 13 years of age, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. Any Users who are not at least 13 years of age should not attempt to register for an account.
5. USER DATA
Information entered into the website through any means by the User (‘User Data’) is in no way guaranteed to be available or protected against loss. Acrojax is in no way liable for the loss, damage or disruption in availability of the User Data.
7. THIRD-PARTY COPYRIGHT
Acrojax respects the intellectual property of all businesses and individuals. If you believe that any information on our website is in violation of copyright, please notify the Acrojax immediately at firstname.lastname@example.org.
8. SUBSCRIPTION SERVICES
Acrojax makes available to the User certain online subscription services through the Website. The following terms and conditions shall apply in the event that the User subscribes to any subscription service or services offered by Acrojax on the Website (the “Subscription”):
A. The Subscription will continue until Acrojax receives notification of termination from the User as described in subsection C below. The User authorizes Acrojax to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by the User. If the User accepted an offer that included a free trial period, the User’s credit card account will not be charged until after the end of the free trial period. If the Subscription ordered included a free trial period offer, the User may cancel the subscription process and avoid a charge to the User’s credit card account by canceling the subscription through Paypal or by emailing Acrojax at email@example.com. The User is responsible for any charges associated to connecting to the Webite, including but not limited to, any telephone line charges or any Internet access provider charges. The User shall provide Acrojax with accurate, complete and updated information as to their name and e-mail address provided by the User at registration. The User shall also abide by the terms of service and rules and regulations of Paypal, the authorized payment processing service provider for the Subscription. Failure to do so shall constitue a breach of this agreement.
C. Either the User or Acrojax may terminate this agreement at any time. The User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this agreement, or policy or practice of Acrojax in operating the Website, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending standard mail notice to Acrojax, by e-mail sent to firstname.lastname@example.org, or by canceling the subscription through the Paypal subscription management interface. Notice of termination will be effective upon receipt by Acrojax. Without limiting the foregoing, Acrojax shall have the right to immediately terminate this agreement with respect to any user which Acrojax, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. In the event that the User’s account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 9, 10, and this Section 8 shall survive termination of this agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Acrojax for any reason other than breach of this Agreement by the User or termination by the User in accordance with this subsection C of this Agreement in which the User identifies the termination as resulting from changed terms, Acrojax shall make a pro rata refund to the User.
D. Subscription payment does not guarantee availability of service or of data entered into the system. Server hardware failures, software bugs, user error, administrator error, or interference by external systems or persons may result in data loss and service interruptions. In the event that such a service interruption or data loss should occur, no refund of any fees, including monthly subscription fee, will be granted. As stated in Section 10, in no event shall Acrojax be held liable in any way for service interruptions or loss of data. Acrojax will refund the monthly subscription fee for one (1) month in the case that the Website services are not available for more than one quarter (25%) of the month for which the subscription fee was paid.
9. WARRANTY DISCLAIMERS
ACROJAX DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN .AS-IS. AND .AS-AVAILABLE. BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL ACROJAX, 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACROJAX 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.