December 6, 2013
The Services are not intended to create an attorney-client relationship (or any other relationship requiring licensure of ACCRETIVE or its employees, contractors, or representatives by a state bar, board of accountancy, or other professional licensing boards) between ACCRETIVE and the visitors of the Site. Neither the transmission nor receipt of the Site material will create an attorney-client relationship (or any other relationship requiring licensure by ACCRETIVE or its employees, contractors, or representatives by a state bar, board of accountancy, or other professional licensing boards) between sender and receiver. The material contained within the Site and Services is general in nature and may not apply to particular factual, legal, tax, or accounting circumstances. We do not undertake to update any material in our Site to reflect subsequent legal, tax, accounting, or other developments.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
5. Restrictions on Use.
You shall use the Services for lawful purposes only. Any conduct by you that in ACCRETIVE’s discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by ACCRETIVE. While you may access, view, use and display the Services for your personal use, you may not modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of ACCRETIVE and any relevant third party copyrights owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
The foregoing provisions of Paragraph 5 are for the benefit of ACCRETIVE, its subsidaries, affiliates and its third party providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
By submitting material to ACCRETIVE or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such material has expressly granted, to ACCRETIVE, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by ACCRETIVE and other authorized parties; and you understand and agree that ACCRETIVE shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall ACCRETIVE be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.
ACCRETIVE shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. ACCRETIVE does not have an obligation to review posted material on the Services, and ACCRETIVE cannot assure that the material will either be appropriate or appropriately expressed. While ACCRETIVE may review submissions, ACCRETIVE does not assume responsibility for the contents of any submission. ACCRETIVE may choose not to publish all or any material submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, ACCRETIVE shall have the right to remove any material that ACCRETIVE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. ACCRETIVE reserves the right to alter content as appropriate for the medium.
You shall not email, upload, post or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
If you submit any content to ACCRETIVE, you will be deemed to have made the following representations and warranties, upon which ACCRETIVE will have the right to rely:
- You have the sole and exclusive right to grant such rights to ACCRETIVE;
- You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;
- ACCRETIVE’s exercise of the rights granted to ACCRETIVE by you under this Paragraph 6 will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world;
- You waive your rights to attribution, integrity, or any other moral right in the content in connection with its use by ACCRETIVE; and
- You understand and agree that ACCRETIVE shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.
7. Mobile Messages and Alerts.
These terms relate specifically to your use of any of ACCRETIVE’s text/SMS message Services.
Subscription to the Service. By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.
Functionality; Security; Mobile Use Precautions. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Neither ACCRETIVE nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither ACCRETIVE nor its third party service providers are responsible for messages that are lost or misdirected.
Third Party Charges. A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which ACCRETIVE does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will ACCRETIVE, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
How to Opt Out. If you have registered for the Services at https://accretivepartnerships.com, http://scotthzucker.com, http://knowledge-transfer-academy.thinkific.com and any successor or replacement site, you have the ability to opt out by signing into your Account and disabling the Services. Upon receipt of your opt-out message, you agree to ACCRETIVE or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services and that may also contain contact information and/or instructions as to how you can opt back in to the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.
8. Disclaimer of Warranty; Limitation of Liability.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT ACCRETIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ACCRETIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 8 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless ACCRETIVE and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this Agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
All trademarks other than those of Accretive Partnerships, Inc. appearing on the Services are the property of their respective owners.
11. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of ACCRETIVE. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. ACCRETIVE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized ACCRETIVE employee spokespersons while acting in their official capacities.
ACCRETIVE also assumes no responsibility, and shall not be 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 the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
13. Export Control.
Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. ACCRETIVE does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
14. Business Associates.
The business associates of ACCRETIVE identified on the Services are independent contractors of ACCRETIVE. The business associates are not joint venturers or partners of ACCRETIVE. No employee or representative of the business associates is under the control of ACCRETIVE.
The Services may incorporate links to other web sites. ACCRETIVE does not in any way endorse, nor is it responsible for, the content on those other Web sites.
16. Copyrights and Copyright Agent.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide ACCRETIVE’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ACCRETIVE to locate the material;
- Information reasonably sufficient to permit ACCRETIVE to contact you;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
C/O Accretive Partnerships, Inc.
3600 Dallas Highway SW
Marietta, GA 30064-1675
This contact information is only for reporting copyright infringement under United States law. Contact information for other jurisdictions or other matters is provided below or elsewhere on this site.
ACCRETIVE has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
To report other alleged violations of rights (including alleged copyright violations under the laws of countries other than the United States), or for all other enquiries, complaints and questions related to the Services, please use the contact information specified in paragraph 18 below.
17. Changed Terms.
Contact information for the web editor of our websites:
Accretive Partnerships, Inc.
3600 Dallas Highway SW
Marietta, GA 30064-1675
Attn: Managing Editor
Telephone: (678) 954-6552