Last modified: August 11, 2010
Except as otherwise consented to by Accunomics in writing, the information contained on the Site (including, without limitation, any information concerning any products or services) is intended for your personal and non-commercial use and information purposes only. The information contained on the Site (including, without limitation, any information concerning any products or services) is subject to change without notice and Accunomics reserves the absolute right to modify the contents of the Site or to suspend or discontinue products or services referenced on the Site at any time with or without prior notice.
Access to or use of the Site is void where prohibited. By accessing, browsing and/or otherwise using the Site, you represent and warrant that (1) your use of the Site does not violate any applicable law, rule or regulation, (2) any information that you have posted on the Site is complete, correct and accurate in all respects, and (3) you will at all times maintain the accuracy of such information.
Copyrights and Restrictions on Use of Materials
Any software, including, without limitation, codes or other materials that are made available to download from any portion of the Site, is the copyrighted work of Accunomics or its affiliates or business partners. If you download software from any portion of the Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited except to the extent otherwise expressly permitted under the applicable software license agreement.
Any communication, content or material that you post or otherwise contribute to, on or through any portion of the Site or that you transmit to Accunomics by email, blogs or otherwise, including, without limitation, any data, questions, comments, suggestions, or the like, but not including Client Material (collectively, “User Material”) is, and will be treated as, nonconfidential and nonproprietary. Except to the extent in contravention of Accunomics’s Privacy Statement, any User Material you transmit, contribute or post may be used by Accunomics for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting and you hereby (1) grant to Accunomics an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use such User Material for any purpose and (2) agree not to assert against Accunomics any ownership, intellectual property or other rights in or to any User Material. When you post, transmit or contribute User Material to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Material on the Site. Furthermore, you expressly agree that Accunomics is free to use any ideas, concepts, know-how, or techniques contained in any User Material you post, transmit or contribute to any portion of the Site or send to Accunomics, without compensation and for any purpose whatsoever.
Links to Other Websites
You shall not post, transmit, email, re-transmit, store or contribute material or any communication on, through or to any portion of the Site which, in the sole and absolute judgment of Accunomics: (1) is in violation of any local, state, federal or foreign law, rule or regulation, (2) is threatening, obscene, indecent, libelous, slanderous, defamatory, fraudulent or that otherwise could adversely affect any individual, group or entity, including, without limitation, Accunomics or (3) violates the rights of any person or entity, including, without limitation, rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws, rules and regulations are applicable to your access to and use of the Site. In addition, you may only use the Site in a manner that, in Accunomics’s sole and absolute judgment, is consistent with the purposes of the Site.
Although Accunomics strives to provide accurate information in its Site, there may be inaccuracies and errors, and Accunomics makes no representations or warranties as to, and assumes no liability for, the accuracy or completeness of such information.
The Site, including, without limitation, all software, functions, materials, and information and other content on the Site, any promotional items or advertisements distributed by Accunomics, its affiliates or its agents or business partners through email or other correspondence and any Site services provided by Accunomics, are provided “as is” without warranties of any kind, either express or implied. Accunomics hereby expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, and merchantability of computer programs, data accuracy, system integration and informational content with respect to the Site, their content, the above-mentioned emails and correspondence and any Site services provided by Accunomics.
Accunomics is not responsible for and does not warrant or make any representations regarding the operation of any portion of the Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on any portion of the Site or any other Site linked to any portion of the Site. The materials on the Site may be out of date, and Accunomics does not make any commitment to update the materials on any portion of the Site.
Accunomics does not guarantee or warrant that the files available for downloading from any portion of the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Therefore, you should exercise caution in the use and downloading of any files and use industry-recognized software to help detect and disinfect viruses. Accunomics does not warrant that any Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in any Site, software, materials, products, or services will be corrected.
Accunomics is not responsible for and make no warranties, express or implied, with respect to any User Material, Client Material or third party advertisements or content posted or transmitted on or through any Site, or the accuracy or reliability thereof, and, unless otherwise specified by Accunomics, such User Material, Client Material and third party advertisements and content do not in any way constitute the opinions or policies of Accunomics or constitute any endorsement by Accunomics. Accunomics is not responsible for the conduct, whether online or offline, of any user of any portion of the Site.
The Site is for informational purposes only and is not intended to be a substitute for professional judgment or advice. You should never use any information or content on any portion of the Site as a substitute for advice from a qualified professional and, notwithstanding any content contained on any portion of the Site, in no event will Accunomics be deemed to be providing any professional advice based upon any content on any portion of the Site. Reliance on any information provided on any portion of the Site is solely at your own risk. If you have any questions or concerns requiring professional advice you should seek that advice directly from a qualified professional.
The information contained on any portion of the Site is intended for general information purposes only, and the views and opinions expressed on the Site are not necessarily those of Accunomics. Mention of other products and/or companies should not be understood as an endorsement of, or a statement of affiliation with, such products and/or companies.
The Site and any services provided by Accunomics may be temporarily unavailable from time to time for maintenance or other reasons. Accunomics assumes no, and hereby disclaims any, responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communications. Accunomics is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with any portion of the Site. Under no circumstances will Accunomics be responsible for any loss or damage or personal injury or death, resulting from the use of any portion of the Site or any Site services provided by Accunomics, any User Material, Client Material or third party applications, software advertisements or other content posted on or through any portion of the Site or transmitted to users of the Site, or any interactions between, or conduct of, users of the Site, whether online or offline. You (and not Accunomics) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using any portion of the Site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. By using any portion of the Site, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Accunomics, your Internet service provider, and you.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above disclaimers may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
IRS Circular 230 Disclosure
To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax information provided in or through the Site is not intended or written to be used, and may not be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in the Site.
Indemnification and Limitation of Liability
In no event will Accunomics, or any of Accunomics’s Partners, directors, officers, members, shareholders, employees, contractors, agents, successors or assigns, or any person or entity involved in creating, producing or administering any portion of the Site, be liable under any circumstances for any damages, losses or expenses of whatever nature and however arising, including without limitation any direct, indirect, special, consequential or punitive damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character that may result from or relate to your access to, use of, or inability to use, any portion of the Site, even if Accunomics has been advised of the possibility of such damages, losses or expenses. Not by way of limitation to the foregoing provision, in no event shall Accunomics’s total liability to you for damages, losses, expenses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to Accunomics, if any, to use the Site.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, Accunomics controls and operates the Site from within the United States of America. Accunomics makes no representations or warranties that the content, services or information provided on any portion of the Site is appropriate or available for use in other locations. If you choose to access or use any Site from locations outside of the United States, you do so on your own initiative, and you are responsible for compliance with all applicable laws, rules and regulations, including, without limitation, all import and export laws, rules and regulations.
Integration and Severability
How to Contact Us
Last Modified August 11, 2010
Our Commitment to Privacy
Your privacy is important to us and it is Accunomics’ policy to take reasonable measures to help protect your privacy. We are providing this notice to explain our online information practices and the choices you can make about the way your information is collected and used. By using or accessing any portion of Accunomics LLC’s website (the “Site”), you are accepting and agreeing to the principles and practices described in this privacy statement.
The Information We Collect
We collect only personally identifiable information that you voluntarily provide through the Site. Personally identifiable information includes information that could be used to identify you, such as your name, employer, home or business address, email addresses, telephone or fax numbers, social security numbers, credit card information or tax return information. You may submit personally identifiable information, for example, to apply for a job using our Site, to register for a seminar, or to perform a transaction.
Except as provided in this privacy statement, we do not collect any personal information about you unless you provide it to us. If you email us or answer questions we have placed on our Site, or otherwise enter information through any web pages on our Site, you are voluntarily releasing that information to us. Please do not submit personal information to us if you do not want us to have this information in our databases.
How We Use and Share Information
We may use the personal information that you provide about yourself when performing a transaction to complete that transaction. We do not share this information with outside parties (those not associated with Accunomics) except to the extent necessary to complete that transaction. We do not save any credit or other payment information longer than is necessary to comply with legal, tax and auditing requirements. We may use the personal information that you provide about yourself when applying for a job to lawfully evaluate your application and credentials for the position for which you are applying.
We may also use the personal information that you submit to us to communicate back to you, to update you on services and benefits that we think may be of interest to you, to notify you of Site updates and to better understand your needs and to help provide you with better services. In addition, Accunomics may analyze any of the information gathered at our Site for historical, statistical, or scientific purposes, or we may store it for your convenience should you return to our Site in the future.
In the course of any of these activities, we may transmit information to another country and/or share it with third parties (but we will not share it with third parties for the direct marketing purposes of anyone except Accunomics).
In the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of Accunomics, or a Accunomics business unit or assets, information that Accunomics has collected about you may be sold or otherwise transferred.
Accunomics will not use or share the information you provide to us online in ways unrelated to the ones described above without letting you know and offering you a choice. We will also provide you the opportunity to let us know if you do not wish to receive unsolicited direct marketing materials from us, and we will make all reasonable efforts to honor such requests. We are not responsible for removing your information from the lists of any other party, such as an affiliate or business partner, who has been provided your information in accordance with this policy.
Cookies and Pixel Tags
A “pixel tag” or “clickstream data” is a trail of electronic information left at each website that you visit as you use the internet. Clickstream data and pixel tags can tell us the type of computer and browsing software you use, the address of the website from which you linked to our Site and the number and types of views for a webpage.
We use the information we automatically receive to see which pages you visit within our Site, which website you visited before coming to ours, and where you go after you leave. We use this and other non-identifying and aggregate information to better design our Site and to customize your visits to our Sites. We also use this information to determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor and improve our Site to better meet the needs of visitors.
Other Internet Sites/Third Party Advertising
We make no promises or guarantees regarding the information collection or privacy policies of any hyperlinked pages and sites that are not owned by Accunomics. In no event will Accunomics be responsible for the information collection or privacy practices of websites or other services operated or provided by other parties, even if such websites or services are linked to any of portion of our Site. Once you exit our Site (e.g., via a link to the website or services offered by a third party), this privacy statement will not control such other websites or services and you should always consult the applicable privacy statement of such third party to determine how that third party will use any information it may collect from you.
Communications and material that you provide to us through our secure client portal and with our consent will be treated by Accunomics as confidential and Accunomics will not share such information with any third party without your consent.
All other communications and material that you provide to us on or through any portion of our Site or that you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary except to the extent otherwise provided in this privacy statement. Except to the extent otherwise provided in this privacy statement, anything you provide may be used by us for any purpose, including but not limited to reproduction, transmission, publication, broadcasting and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication that you transmit, contribute, post or otherwise send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Our Commitment to Data Security
To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place certain commercially reasonable physical, electronic, and/or managerial procedures to help safeguard and secure the personal information we collect online. However, no security measures are perfect and Accunomics is not responsible for the unauthorized circumvention of any privacy or security measures on our Site. When you choose to provide personal information to us, you do so at your own risk. Accunomics cannot control or constantly monitor the actions of other users of our Site, and we cannot guarantee that the personal information you provide to us will not be viewed or used by unauthorized users.
United States of America
Our Site is maintained in the United States of America. By using any portion of our Site, you authorize the export and transfer of your personal information to the USA and its storage, processing and use in the USA as specified in this policy. If you are located in a country or territory other than the USA (e.g., in the European Union) and you choose to provide us with personal information, you are responsible for ensuring that transmission to us of such information complies with all local data protection laws (e.g., EU local data protection laws). Accunomics is not responsible under such laws for the information that you may provide to us through our Site.
Access to and Modification of Information
Accunomics will maintain procedures consistent with applicable law for individuals to gain access to their collected personal information and, when appropriate, correct any information that is inaccurate or incomplete or have their personal information deleted. If you would like to review, correct, modify, remove or delete your personal information, please contact us as indicated below. Please note that certain information generally cannot be removed. Please also note that even following removal, copies of personal information may remain viewable in cached and archived pages or if others have copied or stored your information.
To opt-out of receiving promotional or marketing e-mail from us, you may notify us by sending an e-mail to [email protected] stating the e-mail address you would like to be removed from our mailing list. However, any such opt-out e-mail you sent to us shall not preclude our future correspondence with you, by e-mail or otherwise, regarding any existing relationship you may have with us.
Collection of Information from Children
Accunomics has no intention of collecting personal information from anyone under the age of 13 and does not knowingly collect personal information from anyone under the age of 13. If you are under the age of 13, please do not attempt to submit any personal information to us. If a child has provided Accunomics with personal information, Accunomics asks that a parent or guardian of the child contact Accunomics as indicated below to inform us of that fact. Once contacted, Accunomics will use reasonable efforts to delete such information from our database.
Consent; Modifications to Privacy Statement
By using any portion of our Site, you consent to our use of your personal information as specified in this privacy statement. Accunomics may, and reserves the right to, modify and update this privacy statement or its related business practices at any time, including, without limitation, to reflect industry practices and to comply with changes in law, with or without notice to you. Any such changes will be effective upon posting to any portion of our Site or on such other date as may be specified in the modified privacy statement, so we encourage you to review this privacy statement frequently. Your continued use of any portion of our Site after a posted change to this privacy statement signifies your acceptance of the modified privacy statement. Please ensure that you review this privacy statement routinely for any modifications. If Accunomics makes any material changes to this privacy statement, the personal information that we have collected from you prior to such changes will continue to be governed by the privacy statement under which it was collected unless you have been provided notice of, and have not objected to, such changes and the application of such changes to such previously collected information.
How to Contact Us
Should you need to contact us or should you have other questions or concerns about this privacy statement, please contact us at [email protected]