ACE of California (“ACE”, “we”, “us” or “our”) provides the services available on the Website to you subject to the following terms and conditions (the “TOS”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these TOS.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our services on the Website; however, to the extent permitted by applicable law, we do not warrant that the service descriptions, colors or other content available on the Website is accurate, complete, reliable, current, or error-free.
3. Intellectual Property
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of ACE, our affiliates, our partners or our licensors, and is protected by U.S. and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of ACE, our affiliates, our licensors or our partners, in the U.S. and other countries, and are protected by U.S. and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. Limited Licesnse
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 4 does not include the right to:
- modify or download the Website or its contents (except caching or as necessary to view content);
- make any use of the Website or its Content other than personal use;
- create any derivative work based upon either the Website or its Content;
- collect account information for the benefit of another party;
- use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website
- may link to, but not replicate, our Content;
- may not imply that we are endorsing such website or its services or products;
- may not misrepresent its relationship with us;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- may not use any Trademark without express written permission;
- may not link to any page of the Website other than the home page.
We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.
5. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and TOS. You should carefully review the TOS and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability
While ACE uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. ACE does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on ACE may be provided and/or hosted by third parties. ACE has not reviewed all of the sites linked to ACE and is not responsible for the content of any off-site pages or links to or from any other sites. While ACE encourages such third parties to abide by these TOS, ACE has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF ACE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH ACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER ACE, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ACE, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. ACE MAKES NO WARRANTY THAT ACE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
ACE CONTAINSS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. ACE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE ACE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
ACE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ACE WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH ACE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH ACE. ACE ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, ACE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM ACE.
IN NO EVENT SHALL ACE OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACE OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ACE, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF ACE; (B) ACE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR USE, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to ACE must be filed in a federal or state court located in Los Angeles, California, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this TOS is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ACE to enforce or exercise any provision of this TOS or related right shall not constitute a waiver of that right or provision. The section titles used in this TOS are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this TOS for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to ACE, and all other provisions for which survival is equitable or appropriate.
We reserve the right, in our sole discretion, to change these TOS at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such TOS. We may, with or without prior notice, terminate any of the rights granted by these TOS. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these TOS shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these TOS shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these TOS unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these TOS, please contact us.