Website Terms & Conditions of Use
The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and the Administrative Consultants Association (“ACA”), operator of the website “administrativeconsultantsassociation.com” (the “Website”).
Your use of the website and the services provided on it are at your own risk and subject to the terms and conditions of this Agreement, which forms a legally binding contract between the ACA and You.
The ACA may amend the terms of this Agreement at any time by providing You with notice of such amendment, and Your continued use of the website will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits ACA’s liability and may substantively affect Your rights.
1. Use of the Website
Permitted Use of the Website: Use of and access to the Website is limited by the terms of this Agreement. You agree:
- Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the ACA’s express written permission.
- Not to take any action that imposes, or may impose in the ACA’s sole discretion, an unreasonable or disproportionately large load on the ACA’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
- Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” Website content within another site or “hotlinking” to any Website content, without the prior express written permission of the ACA.
- To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Website.
Termination of Use: The ACA may at its sole discretion terminate or limit Your use of the Website for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in the ACA’s sole opinion adversely impacts the Website or the ACA’s interests. The ACA may so terminate or limit Your use of the Website without prior notice to You. If such termination or limitation is for reasonable cause, the ACA will not be obligated to refund any fees paid by You in connection with the use of the Website or the services provided on it.
2. User Accounts
Access to certain areas of the Website, and content and services contained therein, may require the creation of a User Account having a unique user name and an associated password. You are responsible for securely maintaining your username and password and for all activities of persons accessing the Website using Your User Account. In connection with your User Account, you must maintain and provide to the ACA a valid email address through which the ACA will communicate with you.
The ACA may provide services in connection with the Website. The ACA will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless the ACA for any damages arising out of Your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.
4. Fees for Content and Services
The ACA provides via the Website content and services free of charge (“Free Content and Services”). The ACA may alter the scope of Free Content and Services and/or may discontinue the provision of any of the Free Content and Services at any time. the ACA will not charge You for any content or services unless You first consent to such charges, and You will not be allowed to access any non-free content or services without first agreeing to the charges associated with such content or services.
5. User Provided Site Content
User Provided Content: the ACA may publish information provided to it by users of the Website (“User Provided Content”). The ACA is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. the ACA does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless the ACA for any damages arising out of false or inaccurate User Provided Content. You alone will be held liable for uploading copyrighted or trademarked material that you do not have a right to use.
Alteration and Removal of User Provided Content: the ACA may alter or remove without prior notice to You any User Provided Content, including without limitation any which in its sole discretion is false, inaccurate or materially misleading or which in its sole discretion is profane or offensive.
Content Provided by You: You hereby grant the ACA an irrevocable, world-wide, exclusive, perpetual license to any information, material or works that You submit to the ACA, including without limitation any information, material or works submitted: (i) in connection with any forum hosted by or on behalf of the ACA; or (ii) for publication in any newsletter published by the ACA, including among others The Portable Business™ (formerly The Gritty Business Buzz™). Without limiting the foregoing, the license grant includes the right in the ACA: (i) to republish the information, materials or works in any form; and (ii) to edit, alter or created derivative works of the information, materials or works. You are solely liable for the content of any information, material or works that You submit to the ACA, and agree to indemnify and hold harmless the ACA for any damages or actions arising out of such information, material or works You submit.
6. Third Party Content
The ACA may provide content authored by third parties such as commentary, articles, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of the ACA. The ACA will not be liable for the truth or accuracy of Third Party Content.
Personal Information: the ACA may collect personal information from You in connection with Your registration and/or use of the Website. The ACA will use Your Personal Information only in connection with the provision of content and services to You and to communicate with You. The ACA will not share your Personal Information with any third party except under the following circumstances: (i) as required by valid legal process; or (ii) to enforce the terms of this Agreement. Without limiting the foregoing, the ACA will provide your Personal Information to any successor in interest of the business conducted by the ACA in connection with any of the Website or the services provided in connection with any of the Website.
Aggregate Information: The ACA may use non-personally identifiable information, including aggregate information, to improve the Website and users’ experiences with the Website, including but not limited to, using such information in connection with website design and testing. the ACA may use non-personally identifiable information to identify products or services which may be of general interest to users, and may share such information with third parties in connection with advertising, marketing and the like.
Maintenance of Information: The ACA will make its best efforts to maintain all user information securely. You agree to release and hold harmless the ACA for any damages arising out of any failure of such efforts.
8. ACA Intellectual Property
The Website contains intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Website. “the ACA”, “Virtual Assistance”, “Virtual Assistance Chamber of Commerce”, “Virtual Assistant Chamber of Commerce,” “The Relief”, “The Portable Business,” “Gritty Business Buzz,” the star-parallelogram logo and the domain names derived therefrom are trademarks of the ACA. Websites Content and Websites layout are copyright the ACA. The visual appearance of the Website is protected trade dress of the ACA under 15 U.S.C. § 1125 et seq.
9. Rights of Intellectual Property Owners
DMCA Compliance: The ACA respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to the ACA by postal mail to:
Administrative Consultants Association
Attention: DMCA Compliance Office
PO Box 7101
Tacoma WA 98417
or by email to: dmca (at) administrativeconsultantsassoc.com
Notices and Counter Notices: Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringe their intellectual property rights may send notice to the ACA’s Designated Agent requesting that the ACA remove Your User Provided Content or other content You provide the Website. Upon receiving a valid request from such an owner, the ACA will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter notify the ACA in accordance with 17 U.S.C. § 512.
10. Warranties and Limitations of Liability
THE ACA HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.
Limitation on Liability: Without limiting the foregoing, the ACA shall not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of Websites or otherwise, even if the ACA has been advised of the possibility of such damages, costs or losses. In no event will the ACA’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
11. Dispute Resolution
Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of Washington, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Washington, and agree not to bring any action against the ACA in any other jurisdiction. Nothing in this Agreement shall limit the rights of the ACA to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
12. Miscellaneous Provisions
Entire Agreement: This Agreement embodies the entire agreement between You and the ACA and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, amendment of any provision by You will be binding unless the ACA agrees to such modification, deletion or amendment in writing.
No Waiver: No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
Severability: If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest extent permitted by law.