Last Updated: May, 2020
This site (“Site”) is the property of ACTON, INC. (“ACTON”). Your access and use of the Site, and any information, services or products made available through the Site (collectively, the “Services”) is subject to these Terms and Conditions (“TAC”) and the ACTON privacy policy (“Privacy Policy”). We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this TAC and the Privacy Policy at any time without notice, and will post any revisions on the Site. Your continued use is subject to all such revisions. If you do not agree to these TAC or Privacy Policy then do not use the Site.
You must be at least 13 years of age to use this site. If you are between the ages of 13 and 17, you may, with your parent or legal guardian’s consent, use ACTON, provided your parent or legal guardian assumes all responsibility and legal liability for your conduct on ACTON.
We may terminate, without notice, your access to ACTON for failure to comply with this section.
Use of the Site is solely at ACTON’s discretion, and ACTON reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from the Site. You are not granted any rights in or to the Site, any Services or any Site related information, other than the limited right to use the Site and the Services as we have authorized in accordance with the TAC and the policies and procedures that ACTON may adopt and make available from time to time. ACTON may terminate your access to this site at any time with or without cause.
You may not use the Site to:
a) upload, post, transmit, distribute, store or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) upload, post, e-mail, transmit or otherwise make available any content that: (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
c) upload, post, transmit, distribute, store or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
d) upload, post, transmit, distribute, store or otherwise make available any material that contains software viruses 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;
e) act in a manner that negatively affects other users' ability to engage in real time transactions;
f) interfere with or disrupt the Site, our servers or networks (e.g. “Flooding”);
g) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
h) advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
i) "stalk", harass or otherwise advocate the stalking or harassing of another person;
j) post Personally Identifiable Information of any third party; or
k) collect or store Personally Identifiable Information about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above;
Additionally, you may not attempt to override or circumvent any security measures of the Site or our third party partners.
To the extent the Site offers any products or services for sale and you wish to purchase such products or services, you will be asked for certain information in connection with your purchase, including, without limitation, name, address, email address and credit card information. You agree to provide us with accurate, correct and up-to-date information, which we shall protect in accordance with the Privacy Policy.
If you make purchases on the Site and pay by credit card, you grant us permission to charge all fees incurred using the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this TAC and you will personally owe us any unpaid or owed balance. You will also be responsible for paying any applicable taxes related to your purchases. International customers are also responsible for paying duties and/or customs fees prior to receiving their products.
In the event a product or service is listed on the Site at an incorrect price or with incorrect information, the Site reserves the right to correct such information and price without liability, and orders for such products or services will be revised to reflect the correct price or information. ACTON reserves the right to reject any orders placed on the Site at its sole discretion.
The Site may be accessible via a mobile device. The Site does not charge a fee for this, but your mobile device carrier fees may still apply.
The Site may contain links to other websites. The Site does not monitor or check the accuracy of such third party materials and accordingly, the Site has no control over such third party sites and resources. The Site is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Site shall not be responsible or liable for any loss or damage incurred by you.
You shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
We may terminate or suspend, without notice and in our sole discretion, your access to the Site.
The Site and any trademarks associated with the Site are the property of ACTON (the “ACTON Marks”). In no event shall any ACTON Marks be deemed sold or assigned to you as a result of your acceptance of this TAC or by your use of the Site. Any and all rights not expressly granted herein are reserved.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICES OR THAT THE SERVICES SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF WIRELESS APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND THE SITE’S REASONABLE CONTROL.
FURTHER, THE SITE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (INCLUDING WITHOUT LIMITATION, WIRELESS DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, BREACH OF USER SECURITY, TERMINATION OF USER ACCESS OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TAC OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND THE SITE’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TAC FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
This TAC shall be governed by and construed under the laws of the State of California without regard to its conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with or otherwise relating to this TAC or any breach or alleged breach hereof shall, upon the request of any party involved, be submitted to and settled by arbitration in or around the City of Los Angeles in the State of California pursuant to the commercial arbitration rules then in effect of the American Arbitration Association; provided, however, that said rules shall be modified as follows: (a) there shall be only one arbitrator, which shall be chosen by an independent third party mutually acceptable to both parties; (b) the arbitrator shall reasonably mitigate all costs of the arbitration; (c) the arbitration shall not exceed a total of ten (10) hours total; (d) the parties may discover each other’s documents in accordance with the California State Rules of Civil Procedure, however, no forms of discovery including the taking of depositions shall be permitted; and (e) the prevailing party in any arbitration brought under this TAC shall be entitled to recover from the other party its reasonable attorney’s fees and costs, which fees and costs shall be included in and become part of the arbitration award. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.
This TAC and the Privacy Policy comprise the entire agreement between you and the Site and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TAC is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and the Site. Any failure to enforce any provision of this TAC shall not constitute a waiver of such rights. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TAC, as well as the provisions of this "General" section.
