ACCEPTABLE USE POLICY/AGREEMENT BETWEEN ACACIA AND USER
This “Agreement” is between Acacia Resource Management Corporation (“Acacia”) and Users of rbcAssociate.com and associated services. If you subscribe to any services offered by Acacia you are hereinafter referred to as a “Member”. All Members and all site visitors are hereinafter collectively referred to as “User(s)”. Also, the terms “we”, “us” or “our” shall refer to Acacia. The terms “you”, “your”, “User” or “Member” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the services. All third party product and service providers who provide products and/or services to Users are hereinafter referred to as “Provider(s)”. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits other than the limited use license as outlined herein.
rbcAssociate.com and other associated domain names used to promote the products and/or services offered through rbcAssociate.com are comprised of various web pages, sub-domains, directory URLs (rbcAssociate.com/your name), email addresses and telephone access numbers operated by Acacia collectively hereinafter referred to as the “rbcAssociate.com Website”. From time to time Acacia may license the rbcAssociate.com Website or elements thereof to third party marketing affiliates, associates and licensees, provided however, reference hereto is not meant to imply that Acacia has any legal liability or responsibility to Users or Providers for any damages caused by (i) the User, (ii) any of Acacia’s underlying suppliers or Providers and/or marketing associates, affiliates and/or licensees, and (iii) any reasons beyond the reasonable control of Acacia. Any and all responsibilities or liabilities of Acacia are specifically limited as outlined herein.
Use of the rbcAssociate.com Website and/or any additional services you may subscribe to are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the rbcAssociate.com Website constitutes your agreement to all such terms, conditions, and notices.
Acacia reserves the right to change the terms, conditions, and notices under which the rbcAssociate.com Website or any service offered, including but not limited to the charges associated with the use of the rbcAssociate.com Website or any service offered. Acacia encourages you to periodically review this Acceptable Use Policy/Agreement so that you can be fully informed and compliant with the terms and conditions governing your use of the rbcAssociate.com Website including but not limited to any services you may subscribe to.
LINKS TO THIRD PARTY SITES
The rbcAssociate.com Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Acacia and Acacia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Acacia is not responsible for any voice recordings (over the phone or Internet) webcasting, podcasting or any other form of transmission received from any Linked Site. Acacia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acacia of any Linked Sites or any products or services which may be sold from said Linked Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the rbcAssociate.com Website, your Membership subscription and use any service provided, you warrant to Acacia that you will not use the rbcAssociate.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the rbcAssociate.com Website in any manner, which could damage, disable, overburden, or impair the rbcAssociate.com Website or interfere with any other party’s use and enjoyment of the rbcAssociate.com Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the rbcAssociate.com Website.
USE OF COMMUNICATION SERVICES
The rbcAssociate.com Website may contain bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, videos, testimonies, audio recordings either over the telephone or through the Users computer and/or other message or communication facilities designed to enable you to communicate privately or with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Acacia has no obligation to monitor the Communication Services. However, Acacia reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Acacia reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Acacia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Acacia’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Acacia does not control or endorse the content, messages or information found in any Communication Service and, therefore, Acacia specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, affiliates, associates and licensees are not authorized Acacia spokespersons, and their views do not necessarily reflect those of Acacia. Furthermore, it is agreed that Acacia will have no liability for any statements, representations or otherwise made by any Users, Providers, managers, hosts, marketing affiliates, associates or licensees.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download, view or listen to any materials, videos, recording or the like.
MATERIALS PROVIDED TO OR POSTED ON THE rbcAssociate.COM WEBSITE
Acacia does not claim ownership of the materials you may provide or post to the rbcAssociate.com Website (including feedback, suggestions, testimonies or other comments) or post, upload, input or submit via the Internet and/or telephone communications through the rbcAssociate.com Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, recording, providing or submitting your Submission you are granting Acacia all rights, assignments, permissions and licenses necessary to use your Submission in connection with the operation of its business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, promote, market, sell, license and reformat your Submission; and if you have granted your permission in connection therewith, publish your first and last name in connection with Acacia’s use of your Submissions. Acacia has no obligation to post your name, give you any credit or pay you any compensation in connection with any Submission and furthermore in accordance with the terms and conditions of Acacia’s Privacy Statement, Acacia may use your first name and other unidentifiable data in connection with said Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Acacia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Acacia’s sole discretion.
By posting, uploading, inputting, recording, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights or have appropriate licensing privileges to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, record, input or submit the Submissions.
ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RBCASSOCIATE.COM WEBSITE OR OTHER SERVICES PROVIDED BY ACACIA MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACACIA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RBCASSOCIATE.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE RBCASSOCIATE.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACACIA AND/OR ITS SUPPLIERS AND PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS OR ANY OTHER CONTENT CONTAINED ON THE RBCASSOCIATE.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS AND OTHER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACACIA AND/OR ITS SUPPLIERS AND PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, PHOTOGRAPHS, GRAPHICS OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to protect, defend, indemnify and hold harmless Acacia and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Acacia directly or indirectly arising from (i) your use of and access to the rbcAssociate.com Website or your use of any services; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the rbcAssociate.com Website or your use of any of the services.
CREDIT CARD CHARGES AND REFUND POLICY
Should you be dissatisfied with any products or services you may purchase through the rbcAssociate.com Website you should contact the Provider of said product or service directly. While Acacia does not moderate, mediate or arbitrate any disputes between you and any Provider Acacia would appreciate you informing us so that we can monitor the resolution. It is Acacia’s goal to only link to responsible and responsive Providers. To request a refund, please email the Provider directly and kindly explain the reason for your refund request. Your request will be investigated by the Provider and if a refund is allowed, you will be notified via email and your credit card will be credited the amount of the purchase price within thirty (30) days. Please note, should you cancel the charge through your credit card company, in violation of terms and conditions of this Agreement, said cancelation may be deemed theft of service and any such chargeback will be denied. While we attempt to match Users with the best Providers, we cannot be responsible for any Provider(s). If you notify Acacia that you are not happy with a Provider, Acacia will promptly investigate and reasonably assist with hopes of resolution between you and said Provider. Based on Acacia investigation and the resulting resolution, Acacia may prevent said Provider from participating on the rbcAssociate.com Website.
Please send your compliments and complaints regarding Providers to:
E-mail us at: admin@rbcAssociate.com
Acacia reserves the right, in its sole discretion, to terminate your access to the rbcAssociate.com Website and the related services or any portion thereof at any time, without notice.
In addition to the terms and conditions of this Agreement other terms and conditions may apply to products and/or services offered by Acacia and/or Providers to Members. Membership is by invitation only and only Members can contract for Acacia services and receive Members only benefits from Providers. An Application for Membership must be complete and submitted to Acacia along with the applicable payment for the services you have subscribed to or contracted for. The completed Membership Application will become a part of this Agreement and incorporated herein for all purposes. Part of our approval process may include a short mutual telephone interview; we want to warmly welcome you as a Member and answer any questions you may have. Once approved we will activate your Membership, set you up in our Member Database which will allow you to personalize your Member page under the rbcassoicate.com Website.
For information regarding Acacia’s Member services and Member registration, please visit http://rbcAssociate.com/registration Acacia’s Member services and/or the associated pricing, terms and conditions may be changed or modified by Acacia at any time. From time to time and without the obligation to do so, Acacia may offer promotional specials. The services you contract for and the associated pricing including any additional terms and/or conditions will be outlined in the Member’s Application and depending on the services being provided other documents may be required by Acacia to facilitate providing said service, in which event the parties will execute said documents as Exhibits to this Agreement.
Unconditional Money Back Guarantee – So that Members can experience how our service offering works, Acacia offers a risk free offer for you. During the first thirty (30) days of this Agreement, you may cancel and receive a one hundred percent (100%) refund of all monies you have spent with Acacia.
Term and Termination – Acacia can terminate this Agreement at any time, At Will, with or without cause for convenience or any other reason. Member can terminate this Agreement At Will, with or without cause for convenience or any other reason during the first thirty (30) days of this Agreement based on Acacia’s Unconditional Money Back Guarantee. Thereafter, should Acacia elect to terminate of this Agreement At Will without cause, Acacia will reimburse Member the unused portion of any advance Membership subscription payment. There will be no refund for any unused portion of any advance Membership subscription payment should Acacia terminate this Agreement for cause.
Conflicts of Interest – Member acknowledges that certain conflicts of interest may exist which could influence and affect Acacia’s business decisions. Acacia maintains the ongoing right to terminate any Member’s use of its page on the rbcassoiate.com Website with or without cause.
Acacia will use reasonable commercial efforts in providing its services to Members. You agree to indemnify and hold harmless Acacia from and against any and all claims, damages, cost, expenses or other causes of action including but not limited to reasonable attorney fees resulting from your use of the rbcAssociate.com Website and/or any products or services. Furthermore, should you elect to pursue any type of claim against any Provider you agree to contact Acacia prior to the pursuit of such claim and allow Acacia a reasonable period of time to investigate and attempt to facilitate an acceptable resolution between you and the Provider.
In the event of a dispute between Members, Acacia will arbitrate said dispute and Acacia’s decision will be final and binding in Acacia’s sole and absolute discretion. All arbitration regarding any disputes between Members will be provided via email submission and subject to rules and guidelines to be provided by Acacia. Any Member filing a complaint against another Member must do so in writing and submit to Acacia along with an administrative fee of twenty five dollars ($25.00). Based on the circumstances and situation, Acacia may suspend or revoke a Member’s Membership. Member agrees to follow Acacia’s rules of conduct as may be established and/or amended from time to time.
Acacia makes no representation or warranty that the content available on the rbcAssociate.com Website or any services are appropriate in every country or jurisdiction, and access to the rbcAssociate.com Website or any services from countries or jurisdictions where its content or services are illegal or prohibited. Users who choose to access the rbcAssociate.com Website or utilize any service are responsible for compliance with all local laws, rules and regulations.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas in all disputes arising out of or relating to the use of the rbcAssociate.com Website and/or any services you may subscribe to. All Members agree to Dispute Resolution as outlined herein. Use of the rbcAssociate.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acacia as a result of this Agreement or use of the rbcAssociate.com Website. Acacia’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Acacia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the rbcAssociate.com Website or information provided to or gathered by Acacia with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Acacia with respect to the rbcAssociate.com Website and any products and/or services provided to Users by Acacia and/or Providers and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Acacia with respect to this Agreement, the rbcAssociate.com Website and/or any products and/or services you may subscribe to from Acacia and/or Providers.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISPUTE RESOLUTION – FOR MEMBERS ONLY
At the written request of a Member who has subscribed to Acacia’s services or at the written request of Acacia the parties will attempt to resolve any dispute arising under or relating to this Agreement or any services provided pursuant to this Agreement through the informal means described in this section. First, within ten (10) days of receipt of said written notice from either party the parties will meet privately, confidentially and in person and attempt to resolve any disputes. If resolution cannot be accomplished, then, each party will appoint a representative who does not devote substantially all of his or her time to performance under this Agreement (the “Arbitration Representative”). Each Arbitration Representative will furnish to the other all non-privileged information with respect to the dispute that the parties believe to be appropriate and germane. The Arbitration Representatives will negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. Formal proceedings for the resolution of the dispute may not be commenced until: (i) the designated representatives conclude that resolution through continued negotiation does not appear likely; or (ii) thirty (30) calendar days have passed since the initial request to negotiate the dispute was made; provided, however, that a party may file earlier to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors, or to apply for interim or equitable relief.
Any question or dispute arising out of or relating to this Agreement not resolved pursuant to the above paragraph will be settled by arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award may be entered in any court having jurisdiction thereof or over the applicable party or its assets. There will be a total of three (3) arbitrators; one (1) selected by each party who are not members of the AAA and the two so selected will select a third arbitrator from the AAA. The third AAA Arbitrator will meet the qualification criteria to serve as an arbitrator and will serve as chairman of the arbitration. The Expedited Procedures will apply and said arbitration will be limited to no more than one (1) full day. The arbitrators will have no authority to award any damages that are excluded by the terms and conditions of this Agreement. Either party will have the right to apply at any time to a judicial authority for appropriate injunctive or other interim or provisional relief, and will not by doing so be deemed to have breached its agreement to arbitrate or to have affected the powers reserved to the arbitrators.
COPYRIGHT AND TRADEMARK NOTICES:
Any Content provided by Acacia on the rbcAssociate.com Website is: Copyright 2015 – All rights reserved.
All trademarks which may be used in connection with the rbcAssociate.com Website belong to their respective owners.
No association with any company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Under section 512(c)(2), of the Digital Millennium Copyright Act, a service provider must designate an agent to receive complaints regarding Copyright Violations. If you find any material on the rbcAssociate.com Website that you believe to be inaccurate, constitutes copyright infringement or otherwise violates your intellectual property rights, we encourage you to bring it to our attention so that we may investigate.
If we receive written notice that contains substantially all of the following information, we will act expeditiously to remove the material alleged to be infringing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Identification of the copyrighted 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; and
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is located on the rbcAssociate.com Website and that is to be removed, and information reasonably sufficient to permit Acacia to locate the material; and
- Information reasonably sufficient to permit Acacia to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
U.S. EXPORT LAWS
The rbcAssociate.com Website and any services provided are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S.Export Laws”). Users shall not use the rbcAssociate.com Website or services to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, any services in violation of any U.S. Export Laws. None of the services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using the rbcAssociate.com Website or any of the services, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the rbcAssociate.com Website or use any of the services from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the rbcAssociate.com Website or the services. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the rbcAssociate.com Website or any of the services.
The rbcAssociate.com Website and any services provided are available only to Users who can form legally binding contracts under applicable law. By using the rbcAssociate.com Website or any services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the services under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “Member” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Acacia finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment of all obligations. Acacia shall not be liable for any loss or damage resulting from Acacia’s reliance on any instruction, notice, document or communication reasonably believed by Acacia to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Acacia reserves the right (but undertakes no duty) to require additional authentication from you.