Please read these general terms and conditions of use ("Terms and
Conditions") carefully before using the web site acsworldwide.com
(“Web Site”) or information or materials provided on the
site by QI Consulting, Inc. dba Applied Cognitive Solutions
(“ACS”).
Your use of the Web Site signifies your agreement to these
Terms and Conditions. If you do not agree to all of these
Terms and Conditions of use, do not
use the acsworldwide.com web site. The Terms and Conditions
may be revised and updated from time to time by posting on
the acsworldwide.com web
site. Your use or continued use of the acsworldwide.com web
site will mean you accept any and all changes.
No Legal Advice
ACS is not a law firm. None of its owners is
a lawyer. The materials available on the Web Site have been
prepared by ACS, its owners, managers, employees,
consultants, service partners, third party vendors, and/or
other contributors for informational purposes only, are not
legal advice and
should not be relied
on as such. ACS does not guarantee or warrant that the materials
are accurate, complete or
up-to-date. The materials presented are general in nature
and may not apply to particular technical, technological,
factual, or legal circumstances
and are not intended to substitute for obtaining appropriate
legal advice from competent, independent, legal counsel in
the relevant jurisdiction
or other relevant professional advice from the appropriate
advisor. If you want or need legal advice, please consult
an attorney. Any opinions,
whether legal or otherwise, expressed on acsworldwide.com
are solely those of the respective author.
Copyright
The Materials are protected by United States and other copyright laws,
except for works of the United States Government pursuant to 17 U.S.C.
Section 105. The selection, arrangement and presentation of all materials
presented on the Web Site (including information in the public domain),
and the overall design of acsworldwide.com are copyright © 2007
Applied Cognitive Solutions. All rights reserved. Applied Cognitive Solutions
or its licensors is the owner of all copyrights in and to the materials
presented on the Web Site, except for works of the United States Government
pursuant to 17 U.S.C. Section 105 and for royalty-free works purchased
from owners for use as stipulated. Permission is granted to view and
print materials from acsworldwide.com for the non-commercial purpose
of viewing, reading and retaining for reference. Any other copying, distribution,
retransmission or modification of information or materials on this site,
whether in electronic or hard copy form or other form, without the express
prior written permission of Applied Cognitive Solutions, is strictly
prohibited.
Trademarks
All brands, product names, trademarks, registered trademarks and/or
service marks used on the acsworldwide.com web site are held by Applied
Cognitive Solutions or their respective owners.
Privacy
The acsworldwide.com Privacy Statement is available on acsworldwide.com.
No Warranties
ACS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO ACSWORLDWIDE.COM, THE MATERIALS, ANY PRODUCTS, INFORMATION
OR SERVICE PROVIDED THROUGH ACSWORLDWIDE.COM, OR ANY SITES LISTED ON
ACSWORLDWIDE.COM, AND ACS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. ACS
DOES NOT WARRANT THAT ACSWORLDWIDE.COM WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN ACSWORLDWIDE.COM WILL BE CORRECTED. ACSWORLDWIDE.COM
IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL ACS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES,
AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE ACSWORLDWIDE.COM,
THE MATERIALS OR ANY INFORMATION PROVIDED ON ACSWORLDWIDE.COM OR DOWNLOADED
FROM ACSWORLDWIDE.COM, EVEN IF ACS OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ACSWORLDWIDE.COM,
THE MATERIALS AND/OR LISTINGS OR INFORMATION COPIED FROM OR DOWNLOADED
THROUGH ACSWORLDWIDE.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ACS'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless ACS and its owners,
members, managers, officers, employees, agents, and the assigns
of same, from and against any and all loss, costs, expenses
(including reasonable attorneys'
fees and expenses), claims, damages and liabilities related
to or associated with your use of acsworldwide.com and any
violation of these Terms and
Conditions by you.
Governing Law and Jurisdiction
These Terms and Conditions constitute a contract made under and shall
be governed by and construed in accordance with the laws
of the State of Texas. You agree that the federal court of
the Southern District of
Texas, if it has subject matter jurisdiction, shall have
exclusive jurisdiction to hear and determine any claims or
disputes between you and ACS (and/or
its owners, members, managers, officers, employees, agents
and the assigns of same), pertaining directly or indirectly
to these Terms and
Conditions,
or to any matter arising therefrom, or any other document
executed and delivered in connection herewith or therewith.
If such federal court
lacks subject matter jurisdiction, any state court located
in Harris County, Texas, shall have exclusive jurisdiction
to hear and determine
such claims or disputes.
Miscellaneous
Except as expressly provided in a particular legal notice posted by
ACS on acsworldwide.com, these Terms and Conditions constitute the entire
agreement between you and ACS with respect to the use of acsworldwide.com
and the materials presented on the Web Site. ACS's failure to insist
upon or enforce strict performance of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of these Terms and Conditions. ACS
may assign its rights and duties under these Terms and Conditions to
any party at any time without notice to you.
Last Update
These Terms and Conditions were last updated on December 3, 2007.
Contact Information
Questions or comments regarding acsworldwide.com should be sent by e-mail
to acs@acsworldwide.com or
by U.S. mail to Applied Cognitive Solutions (ACS), 5320 Gulfton
Street, Suite 18, Houston, Texas, 77081, U.S.A.
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