AcePoint Consulting, Inc. Terms of Services
- Acceptance of our Terms
This Terms of Services Agreement (“Terms of Services”, “Agreement”) governs your interactions with AcePoint Consulting, Inc., a duly New York registered corporation, affiliates of AcePoint Consulting, Inc., and any third-parties collaborating with AcePoint Consulting, Inc. (collectively, “AcePoint Consulting”). By participating in any of AcePoint Consulting’s activities or programs, You (the “Client”, “you”, “customer”) agree that you have the legal capacity and authority to agree to the terms and conditions of this Terms of Services. You understand, agree and acknowledge that these Terms and Conditions constitute a legally binding agreement between you and AcePoint Consulting or any affiliates or third-parties working with AcePoint Consulting.
The Services provided under this Agreement are related to all activities provided by AcePoint Consulting. You agree and acknowledge that AcePoint Consulting is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you. Furthermore, you agree and acknowledge that AcePoint Consulting is entitled to provide services to you through agents, employees, subsidiaries, and third-party vendors of the AcePoint Consulting. Furthermore, should you terminate any services prior to completion, AcePoint Consulting shall invoice you for work performed up until termination. AcePoint Consulting does not provide refunds.
By retaining the services, attending seminars, or participating in a workshop of AcePoint Consulting, you agree that payment is due immediately upon request of AcePoint Consulting, and shall be made by a payment method designating by AcePoint Consulting. Absent successful processing of payment, AcePoint Consulting reserves the right to either pause or stop its services. Please note that providing false payment information, or payment that does not belong to you is punishable under the law. As payment will be made by you, you shall verify that all information provided is true and accurate and that you are authorized to make such payment.
You agree not to stop payment or dispute payment with any credit or debit card merchant for payments made and processed by you. Any and all claims or disputes regarding payments shall be made in writing via email to: firstname.lastname@example.org and will be processed by AcePoint Consulting in a timely manner.
- Intellectual Property
Client acknowledges and agrees that AcePoint Consulting may use and provide proprietary information including copyrights, trademarks, service marks, and designs protected by intellectual property laws, and international intellectual property treaties. Client agrees that all logos symbolizing AcePoint Consulting, and all content, designs, all material used during AcePoint Consulting’s activities, and all third-party content, are exclusively owned by AcePoint Consulting unless otherwise indicated in writing. AcePoint Consulting authorizes the Client to view and make a single copy of portions of its content for offline, personal, non-commercial use. AcePoint’s Consulting proprietary information may not be sold, reproduced, copied with or without slight modification, or distributed without AcePoint’s Consulting written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved. AcePoint Consulting will not share any personal information of any activities provided by AcePoint Consulting, however, you hereby grant AcePoint Consulting license and use of photos, event descriptions, successful outcomes, and the name of your company for any and all purposes, including posting pictures and videos of AcePoint Consulting’s activities on social media. You may not use any AcePoint Consulting’s work product created during any activities for any commercial purpose. Any content, photos, or designs created by the Client during AcePoint Consulting’s activities, that may be deemed the Client’s proprietary information creating an intellectual property interest under applicable law, are hereby forfeited and assigned exclusively to AcePoint Consulting without the need for any further consideration.
- Public Comment
The Client shall not make any defamatory or libelous statements concerning AcePoint Consulting or any of its current or former directors, officers, members or employees to any third-party whatsoever including but not limited to: orally, in writing, in any online or print publication, or on any review websites or publications. A violation of this Section shall subject the Parties to Arbitration as per Section 14 of this Agreement. Damages under this section shall include but are not limited to attorney’s fees, compensatory and punitive damages.
- External Content
AcePoint Consulting may include hyperlinks to third-party content, third-party merchant services, advertising or websites. The Client acknowledges and agrees that AcePoint Consulting is not responsible for the veracity of the information contained on any third-party content, and does not endorse any advertising, content, products or services available on such outside resources and/or websites.
- Disclaimer of Warranties
The Client understands and agrees that AcePoint’s Consulting activities are entirely at your own risk and that our services are provided “As Is” and “As Available”. AcePoint Consulting does not make any express or implied warranties, endorsements or representations whatsoever as to the outcome of AcePoint Consulting’s activities, and the information, content, and materials provided during AcePoint Consulting’s activities. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. Notwithstanding the same, AcePoint Consulting strives to meet the Client’s satisfaction.
- WAIVER OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ACEPOINT AND ANY OF ITS AGENTS, SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE WITHOUT LIMITATION ANY AND ALL PRODUCT LIABILITY CLAIMS, FRAUD, BREACH OF IMPLIED OR ACTUAL WARRANTY, ANY CLAIMS RESULTING FROM ALL ACTIVITIES PROVIDED BY ACEPOINT CONSULTING, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE WAIVER SHALL APPLY WHETHER OR NOT ACEPOINT CONSULTING HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF THE COMPANY IS LIMITED TO THE LEAST EXTENT PERMITTED BY LAW. DAMAGES ARE LIMITED TO FULL REFUND OF THE ORDER SHOULD AUTHENTICITY BE OTHER THAN THAT ISSUED AND/OR DESCRIBED.
- Jurisdiction and Applicable Law
The laws of the State of New York govern this Agreement and the Client irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to this Agreement. AcePoint Consulting recognizes that it is possible for the Client to obtain access to all activities provided by AcePoint Consulting from any jurisdiction in the world, but AcePoint Consulting has no practical ability to prevent such access. All activities provided by AcePoint Consulting have been designed to comply with the laws of the State of New York and of the United States. If any of AcePoint’s Consulting material is contrary to the laws of the place where all activities provided by AcePoint Consulting are taking place, AcePoint’s Consulting’s activities are not intended for the Client, and AcePoint Consulting asks the Client not to use AcePoint’s Consulting materials. The Client is responsible for informing themselves of the laws of their jurisdiction and complying with them.
- Severability and Modification
If any order holds that any provision of the Agreement is invalid, then that provision shall be modified and construed so as thereafter to be limited or reduced to be enforceable to the extent compatible with the applicable law; it being understood that by acceptance of this Agreement that the Client regards the provisions set forth in this Agreement as reasonable and compatible with its rights. The existence of any claim or cause of action by the Client against AcePoint Consulting shall not constitute a defense to the enforcement by AcePoint Consulting of the foregoing Agreement, but such claim or cause of action shall be determined separately. If any provision of this Agreement is deemed invalid and cannot be reconciled or modified otherwise to become permissible, it shall be removed from the Agreement and the remaining provisions of this Agreement will continue to be valid.
- Entire Agreement
The Client understands and agrees that the above provisions constitute the entire general agreement between the Client and AcePoint Consulting. The Client may be subject to additional Terms and Conditions when the Client uses, purchases or access other services, affiliate services or third-party content or material.
- Changes to the Terms
AcePoint Consulting reserves the right to modify the terms of this Agreement from time to time at AcePoint’s Consulting sole discretion and without any notice. Changes to this Agreement become effective on the date they are posted and the Client’s continued use of AcePoint’s Consulting material after any changes to the Agreement will signify the Client’s agreement to be bound by them. It is the Client’s responsibility to check periodically for any changes AcePoint Consulting makes to this Agreement. The Client’s continued use of the AcePoint Consulting’s material after any changes to the Agreement or other policies means you accept the changes.
- For European Union (EU) Users
- United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
- Translation Interpretation
These Terms and Conditions may have been translated if AcePoint consulting have made them available to You. You agree that the original English text shall prevail in the case of a dispute.
- Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: Info@acepointconsulting.com
By visiting this page on our website: https://acepointconsulting.com/contact/