Akcelerant Holdings LLC and its subsidiaries ("Akcelerant") offers the akcelerant.com web site (the “Site”) to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page, portion or section of the Site.
Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. Opinions expressed by contributors through forum discussion or live chat are not necessarily those of Akcelerant, its officers, directors, employees and/or agents.
Ownership of Materials
The Site and its contents, including, without limitation, all text, images, products, descriptions, illustrations, design, software, files and other materials (collectively, the “Materials”)
are owned by Akcelerant or its affiliates and/or its third party licensors and are protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws.
You may not distribute, modify, reproduce or use any Materials, in whole or in part, without the prior written consent of Akcelerant, except that you may download Materials for your non-commercial,
personal use only, provided you keep intact all copyright and other proprietary notices. To notify Akcelerant of claimed copyright infringement please contact: 100 Lindenwood Drive, Malvern Pa 19355,
610-232-2800, email@example.com providing details of your claim in accordance with Section 512 of the United States Copyright Act.
Postings and Submissions
By uploading files, posting messages, inputting data or engaging in any other form of communication (individually or collectively "Communications") to, with or through the Site, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise use any such Communications for your intended purpose. You hereby grant to Akcelerant a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. User hereby waives any and all rights to any claim against Akcelerant for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, rights of attribution, or any similar rights, in connection with the Communications.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary of Akcelerant, its affiliates, or other owners. You may not display or reproduce the Marks other than with the prior written consent of Akcelerant, and you may not remove or otherwise modify any trademark notices from any Material offered or received through the Site.
In the event you download any software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Akcelerant. Use of the actual Software is subject to the license terms in the Software License Agreement that accompanies the Software when purchased. Akcelerant does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Akcelerant retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Third Party Companies
Mention of third party products, companies, and websites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Akcelerant makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between you and the vendor. Links to third party websites are provided solely as a convenience to you. Akcelerant has no control over the contents of any other website and makes no representation whatsoever regarding the content of any other website. When you use these links, you will leave this Site. Akcelerant neither endorses nor has any responsibility for the content, information, products on the site or for materials and information contained in any third party website.
Forms, Registrations, and Passwords
If any of the services or Material provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration, or other process by providing Akcelerant with true, current, complete, and accurate information required by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Akcelerant is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incomplete information provided by you or any technical problems beyond the control or Akcelerant.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Akcelerant immediately of any unauthorized use of your Password that is not issued directly to you, your institution or approved by Akcelerant. You acknowledge and agree that Akcelerant, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
Akcelerant is not responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
The Site makes available to registered users certain community-based features that allow registered users to post articles or blogs, exchange messages with other registered Site users, and participate in chat rooms, newsgroups, and other similar forums for the exchange of information of interest to the Akcelerant community (collectively the “Forums”).
You agree, through your use of this service, that you will not use the Forums to post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law. Akcelerant reserves the right to remove, edit, move or close any thread for any reason.
Forums are not an official customer support channel for Akcelerant. If you require direct assistance or prefer to contact Customer Care directly, please use the Case Management tool or contact our Customer Care Department at 610-232-2800.
Akcelerant has no obligation to monitor this Site or any portion thereof. However, Akcelerant reserves the right to review any user generated content and remove, delete, redact or otherwise modify such content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Akcelerant has no obligation to display or post any user generated content. Akcelerant reserves the right to remove, edit, move or close any user generated content for any reason. Akcelerant reserves the right to disclose, at any time and from time to time, any information or user generated content that Akcelerant deems necessary or appropriate to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Akcelerant shall have no liability in connection with any Materials or user generated content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Akcelerant or any other party.
THE SITE AND ITS MATERIALS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AKCELERANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Akcelerant does not warrant the accuracy and completeness of the Materials or services provided at this Site. Akcelerant also does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty so some of the above exclusions may not apply to you in all circumstances.
Limitation of Liability
IN NO EVENT WILL AKCELERANT OR ITS AFFILIATES ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE , OR INABILITY TO USE, THIS SITE, OR FROM YOUR DOWNLOADING AND/OR UPLOADING OF ANY MATERIALS FROM THE SITE, EVEN IF AKCELERANT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER AKCELERANT NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR YOUR ACCESS TO, OR USE OF, THE SITE. Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances. Notwithstanding the foregoing, in the event that Akcelerant is determined to have been liable, in no event shall Akcelerant's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting products and providing support to customers in the United States. This Site is controlled and operated by Akcelerant from its offices within the Commonwealth of Pennsylvania, United States of America. Akcelerant makes no representation that the Site or the Materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitations U.S. export laws and regulations. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such U.S. export prohibition list.