Alliance for Access to Critical Care (AACC) WEBSITE TERMS OF USE

Last Updated:  May 18, 2020

1. Introduction.  The Alliance for Access to Critical Care (“AACC”) is a non-profit organization dedicated to expanding access to critical care across America to ensure that all Americans can get access to the care that they deserve.  The content, resources and services on this website, www.accesstocriticalcare.com (the “Site”), are subject to the following Terms of Use (“TOU”).

2. Acceptance of TOU.  Please read these TOU carefully.  The TOU includes AACC’s Privacy Policy located at: https://www.accesstocriticalcare.com/privacy-policy/, which is incorporated and made a part of these TOU.  If you do not accept and agree to all of these TOU, including the Privacy Policy, you are not authorized to use the Site or the Services.  You agree that by using or accessing the Site, you are acknowledging that you have read, understand and agree to be bound by these TOU, and that such actions constitute your agreement thereto and acceptance thereof.  If you do not agree to any of these TOU, you may not access or otherwise use the Site.  The AACC reserves the right to update the TOU at any time.  The most current version of the TOU can be reviewed by clicking on the “TOU” hypertext link located at the bottom of our Web pages.

3. Description of Site Content/Services.  The AACC provides you with access to a variety of resources on this Site including content and data (collectively, the “Services”).  These Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU unless additional terms are specifically attached to use of particular Services.  In the event of a conflict between this TOU and any additional terms, the additional terms will control for those specific Services.

4. Representations and Warranties by You.  By using the Site and accepting these TOU, you represent and warrant that:

a. You have the right, authority and capacity to agree to and abide by these TOU.

b. These TOU are a legal and valid obligation binding upon you.

c. You will use the Site, Services, and information provided by AACC in a manner consistent with any and all applicable laws and regulations.

d. Your agreement to and performance under these TOU will not (i) conflict with the terms of any other agreement or instrument to which you are or become a party or by which you are or become bound, or (ii) obligate you to violate or breach any obligations with a third party, including obligations of confidentiality.

5. Eligibility.  In order to use our Service, you must meet a number of eligibility conditions, including but not limited to:

a. You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over these TOU, AACC, and yourself.  For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Site or Services.

b. You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

c. You must not be using our Site or Services on behalf of a natural person other than yourself.

d. You must, if signing up for our Service on behalf of a person other than a natural person, be authorized to bind that person to these TOU, and you hereby agree that you are authorizing both that person and you to these TOU, and that both that person and you shall be held jointly and severally liable for any breaches of these TOU and any financial or other liabilities imposed upon either that person or you under these TOU.

e. You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Services.

6. User Profiles, User Content, Account, and Submissions.

a. User Profile.  When you register with the Site, you may be asked to create an account and provide AACC with certain information including, without limitation, a valid email address (“Account).  Any such information that you submit will be treated in accordance with the Privacy Policy.  You may also have the opportunity to create a user profile (hereinafter, “User Profile”).  Any information for a User Profile submitted by you must be accurate and describe you. you acknowledge and agree that you are solely responsible for the form, content and accuracy of any User Profile.  AACC does not represent or guarantee the truthfulness, accuracy, or reliability of any User Profile or derivative works derived therefrom.

b. User Content.  By posting or otherwise submitting or transmitting content to us or the Site (“User Content”), including your User Profile: (i) you acknowledge, represent and warrant that such User Content is original to you and that no other party has any rights thereto, and that you have the necessary licenses, rights, consents and permissions to furnish and/or license such User Content to AACC and submit it to the Site, and that any “moral rights” in having the User Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived.  You further acknowledge and agree that you are solely responsible for the form, content and accuracy of any User Content.  AACC does not represent or guarantee the truthfulness, accuracy, or reliability of any User Profile or User Content, derivative works from User Content, or any other materials posted by Users, nor does AACC endorse any opinions expressed by Users.  AACC cannot be responsible for maintaining any User Content that you provide to Us, and we may delete or destroy any such User Content at any time.  AACC claims no ownership or control over any User Content.  You acknowledge that any reliance on material posted by other users will be at your own risk.

c. License to Use User Content.  You grant to AACC a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, license, sublicense, sell, resell, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute the User Content, and to prepare derivative works of, or incorporate into other works such User Content in connection with the marketing and promotion of AACC or for any other purpose, in AACC’s discretion.  This license shall survive in perpetuity and shall not be negated by any termination of these TOU.

d. Termination or Cancellation of Account.  AACC reserves the right to terminate your Account after a significant duration of inactivity.  In addition, as a condition to your use of the Site, you agree not to use the Site to infringe the intellectual property rights of others in any way.  AACC reserves the right to terminate your Account, and block access to the Site if you infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. AACC reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked. you acknowledge that if you cancel your Account or your Account is terminated by AACC for any reason, all your Account information, User Profile and User Content may be deleted by AACC and may be removed from any public area of the Site.  Information may continue to be available for some period of time because of delays in propagating such deletion through AACC’s web servers.  In addition, third parties may retain saved copies of your information.

e. Submissions.  We appreciate hearing from you and welcome your comments regarding our Services and the Site.  While we do value your feedback, please be specific in your comments, but do not submit creative ideas, inventions, suggestions, or materials.  If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the sole property of AACC. No Submission shall be subject to any obligation of confidentiality on AACC’s part, and AACC shall not be liable for any use or disclosure of any Submission.  AACC shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

7. Ownership and Use of AACC Materials.

a. Ownership of AACC Materials.  You agree and acknowledge that any content provided by AACC on and through the Site and as part of the Services (the “AACC Materials”) are the sole and exclusive property of AACC, and that all copyright and intellectual property rights in and to the AACC Materials are and shall remain the sole and exclusive property of AACC.  You agree that you will not contest AACC’s ownership of any such rights.

b. Limited License to Use AACC Materials.  Subject to the terms and conditions of these TOU, AACC agrees to grant you a non-exclusive, non-transferable license to access and use the AACC Materials during the term of these TOU and consistent with these TOU.

c.  Prohibited Transfer of AACC Materials.  You shall have no right to sell, resell, license, sublicense, transfer, convey or otherwise make available to any person or entity the AACC Materials or any or any portion thereof.

d. No Illegal or Unauthorized Use.  You agree not to make any illegal or unauthorized use of the AACC Materials or any portion thereof.  You agree to abide by, and represents and warrants to AACC that you will abide by, the restrictions and requirements of applicable federal, state and/or local laws in the use of the AACC Materials or any portion thereof.  You understand and agree that you are solely responsible, at your own expense, for complying with all such restrictions and requirements.

e. Revocation of Consent.  AACC shall have the right, in its sole discretion, to revoke our consent for you to access and use the AACC Materials, or any other permission granted to you under these TOU, at any time.  In the event of such revocation, you agree to immediately cease your reference to and use of the AACC Materials and, if we so request, take immediate action to remove any usage of AACC Materials that you may have engaged in, even if it would cause a loss.  You further agree to you destroy or return to AACC, at AACC’s option, all copies (whether electronic or hard copy) of the AACC Materials.  Revocation of your license to access and use the AACC Materials shall not negate any term or condition of these TOU.

8. Nature of Service.  You agree that you are solely responsible for determining whether our Service will benefit you, and to release AACC from any loss arising from or relating to your use of our Service.

9. Availability of Service.  You agree that the Site may be unavailable at times.  Reasons for such unavailability may be related to security, technical, or legal issues.  You agree that AACC is not required to inform you of any such periods of unavailability even if anticipated or planned by AACC, and release us from any liability relating to such unavailability.  Without limitation on the generality of the foregoing, AACC shall generally attempt to inform its users of such planned or anticipated periods of unavailability prior to their occurrence unless there is good reason not to do so.

10. Access to the Site.  AACC reserves the right to modify or discontinue any Services or content provided by AACC, as well as your access to the Site, with or without notice to you.  You acknowledge and accept that AACC does not guarantee continuous uninterrupted service or access to the Site or Services, and operation of the Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of AACC’s control.  All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and AACC does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AACC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AACC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. AACC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

11. Rules of Use.  As a condition of use, you promise not to use the Site or the Services for any purpose that is unlawful or prohibited by these TOU, or any other purpose not reasonably intended by AACC.  Violations of system or network security may result in civil and/or criminal liability.  AACC may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By way of example, and not as a limitation, you agree not to use the Site or Services to:

a. Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over these TOU, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

b. Transmit, post, distribute, store or destroy material, including without limitation AACC Materials, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the Privacy Policy.

c. Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of AACC or its delegates.

d. Harass, incite harassment or advocate harassment of any group, company, or individual.

e. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

f. Use our Service to facilitate a business or business practice which is fraudulent, unfair, deceptive, or otherwise prohibited by consumer protection or other legislation.

g. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Site, Service, or Users’ computers.

h. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

i. Use any device to navigate or search the Site other than the tools available on the Site, generally available third-party web browsers, or other tools approved by AACC.

j. Use any data mining, robots or similar data gathering or extraction methods.

k. Violate or attempt to violate the security of the Site or Services including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

l. Reverse engineer or decompile any parts of the Site or Services.

m. Aggregate, copy or duplicate in any manner any of the AACC Materials or information available from the Site, other than as permitted by these TOU.

n. Frame or link to any AACC Materials or information available from the Site, unless permitted by these TOU.

o. Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these TOU, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media.

p. Post any User Content or create a User Profile on behalf of another party.

q. Share with a third party any login credentials to the Site.

r. Access data not intended for you or log into a server or Account which you are not authorized to access.

s. Post or submit to the Site any incomplete, false or inaccurate information or information which is not your own.

t. Post content that contains restricted or password-only access pages, or hidden pages or images.

u. Solicit passwords or personally identifiable information from other Users.

v. Delete or alter any material posted by any other person or entity.

w. Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing.”

x. Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files.

y. Otherwise use the Services for any unlawful purpose or any illegal activity, or post or submit any User Content, or create any User Profile that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by AACC’s discretion.

z. Do anything else which could bring AACC into disrepute or violate the rights of any person.

12. Personal and Non-Commercial Use Limitation.  The AACC invites you to view and use the materials on the web site for your personal, non-commercial use to learn about the AACC, and utilize information, materials, links to articles and policy papers, legislative contact information and the like to participate in its mission to enable access to computer science education.  You agree not to make any unauthorized or commercial use of the Site.  For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of AACC. For purposes of these TOU, ‘co-branding’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this Site. you agree to cooperate with AACC in causing any unauthorized co- branding, framing or hyper-linking immediately to cease.

13. Fees and Payments.  From time to time, you may purchase certain products from AACC or through the Site (the “Products”).  Any such Products shall be paid as set forth in the order or invoice for such Products.  Unless otherwise stated, all prices are listed in United States dollars.

14. Discounts.  AACC may make discounts available to users.  AACC may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

15. Chargebacks and Credit Card Cancellations.  Where a user conducts a chargeback against AACC, that user shall be liable to AACC for the full amount of the chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by AACC in its enforcement of its rights under this section.

Where a credit card is declined for any reason (including but not limited to expiration, insufficient credit, or precautionary anti-fraud measures), AACC reserves the right to delete the relevant user’s account data and terminate their access to our Service without notice.  Without prejudice to any of AACC’s rights under this section, AACC may choose to first contact the relevant user and give them an opportunity to correct the failed payment issue prior to engaging in such a deletion.

16. Links to Other Sites.  The Site may contain links to websites controlled, maintained, related to or offered by third parties. you acknowledge that AACC is not responsible for the availability of, or the content located on or through any such third-party website.  AACC has not reviewed any or all of such sites and is not responsible for the content of those sites.  AACC makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to the Site. By providing such links, AACC does not endorse or recommend any products or services offered or information contained therein, nor is AACC liable for any failure of products or services offered or advertised at those websites.  If you decide to access such linked third-party websites, you do so at your own risk.  Your use of third-party sites is subject to the terms of use and privacy policies of each such site, and AACC is not responsible for anything contained therein.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content on those sites.  The inclusion of any link to a website controlled by a third-party does not necessarily imply endorsement by AACC of that site.

17. Intellectual Property.  AACC must preserve the uniqueness of its content in order to distinguish itself from its competitors. you agree not to copy, distribute, display, disseminate, or otherwise reproduce the AACC Materials as well as any information or content about, related to, or derived from the AACC Materials, Services, or Site (including but not limited to the Site content, design, text, graphics and interfaces) without receiving our prior written permission.  You acknowledge and agree that as between you and AACC, AACC owns, and shall continue to own, AACC Materials, as well as all information or content about, related to, or derived from the AACC Materials, Services and Site (including but not limited to the Site content, design, text, graphics and interfaces).  You shall not use AACC Materials or any information or content about, related to, or derived from the AACC Materials, the Services or the Site (including but not limited to the Site content, design, text, graphics and interfaces), including the reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind, or encourage others to do so, without prior written permission of an authorized officer of AACC.  The trademarks displayed on the Site or on content available through the Site are registered and unregistered trademarks of AACC or are licensed to AACC by a third party and may not be used in violation of applicable rights.  Nothing contained on the Site or in these TOU should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of the applicable rights holder.  You may not make any public announcements, press releases, advertising, marketing, promotional or other materials (whether in print, electronically or otherwise) that display or use any name, mark, logo or brand of AACC without the prior written consent of AACC.  Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.

18. Notification of Copyright Infringement.  If you believe that your copyrighted work has been uploaded, posted or copied to the Site and is accessible on the Site in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to AACC’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

a. Your address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the alleged infringing material is located;

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

f. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AACC Customer Service
1250 I St. NW, Suite 200
Washington, DC 20005

19. Disclaimer of Warranties.  ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING TEXT, GRAPHICS, DOWNLOADS, INFORMATION, ACCESS TO THE SERVER, LINKS OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AACC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SITE, SERVICES, OR INFORMATION PROVIDED THEREIN IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, USEFULNESS, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE. AACC EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN, AND 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 SITE, ACCESS TO OR USE OF THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS (WHETHER ISSUED OR PENDING), AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR, IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY AACC.  WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES THEREON WILL MEET YOUR REQUIREMENTS. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THESE TOU.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these TOU, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TOU, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

19. Limitation of Liability. In no event shall AACC, its directors, officers, employees, agents, suppliers, licensors, attorneys, consultants, or any third parties appearing on the Site be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits or goodwill, lost business, lost employment opportunity, business interruption, loss of revenue or loss of use, and any other losses or expenses arising out of or related to these TOU, the Site, the Services, any information received from this Site, any email distributed to any User from the Site, any linked website or use thereof or inability to use by any party, or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, however such damages are caused and under any theory of liability, and even if AACC, or representatives thereof, had advance notice or were advised of the possibility of such damages, losses or expenses in advance. In no event shall AACC, its directors, officers, employees, agents, suppliers, licensors, attorneys or any third parties appearing on the Site be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any User or other person or entity on or through the Site. AACC’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TOU, THE SITE, THE SERVICES, AND ANY INFORMATION PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO AACC IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION (IF ANY), OR $1,500.00.

20. Indemnification.  You agree to indemnify, defend and hold harmless AACC and AACC’s affiliates and subsidiaries, and all of their respective shareholders, members, directors, officers, employees, business partners, representatives, consultants, attorneys and agents from and against any and all third party claims, suits, causes of action (whether known or unknown), proceedings, losses, damages, liabilities, judgments, penalties, fines, costs, demands and expenses including reasonable attorneys’ fees and costs, related to or arising from (i) your use of the Site, (ii) your use of the content contained therein, (iii) your use of the Services, AACC Materials or any portion thereof or record or field contained therein, (iv) your Content or any information or material that you provide to AACC or post to or transmit through the Site, (v) any breach of any obligation under, or violation of, these TOU by you, your consultants, employees, agents, and/or affiliates, (vi) any violation of any applicable law by you, your consultants, employees, agents, and/or affiliates; (vii) any allegation of infringement by you, your consultants, employees, agents, and/or affiliates, or any other User using your computer or Account, of any intellectual property or any other right of any person or entity, or (viii) any negligence, gross negligence, or intentional misconduct by you, your consultants, employees, agents, and/or affiliates, or any other User using your computer or Account in connection with these TOU.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  AACC shall provide notice to you promptly of any such claim, suit or proceeding, and AACC reserves the right and shall have the option to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with AACC’s defense of such claim. you agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this section, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. your indemnification and defense obligations hereunder shall extend to claims occurring after these TOU are terminated, as well as while it is in force, and shall continue until any such claims are finally adjudicated or barred by applicable laws.

21. Legal and Equitable Remedies.  Because AACC’s obligations under these TOU are unique and because you may have access to and become acquainted with the proprietary information of AACC, AACC shall have the right to enforce these TOU and any of their provisions by injunction, specific performance, and all other relief as may be proper (including money damages if appropriate), without the need to post a bond and without prejudice to any other rights and remedies that AACC may have for a breach of these TOU.

22. No Conflicting Obligation.  You warrant that, to the best of your knowledge, there is no other existing contract or duty on your part that conflicts with or is inconsistent with these TOU.  You agree to indemnify and hold harmless AACC from any and all losses and liabilities incurred or suffered by AACC by reason of the alleged breach by you of any agreement or duty between you and any third party.  You have not entered into, and will not enter into, any agreement either written or oral in conflict herewith.

23. Term and Termination.

a. Term.  The term of these TOU (“Term”) will commence, and you may begin using the Services, once you agree to the terms and conditions of these TOU by accessing the Site or clicking on an “Accept” or similar button.  These TOU will remain in full force and effect while you are a User of the Site and until terminated in accordance with this Section.

b. Termination.  AACC, in its sole discretion, may terminate, delete, or suspend User Accounts at any time for any reason or for no reason, without prior notice.  AACC reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your Content from the Site and immediate termination of your registration with or ability to access the Site and Services, upon any breach by you of these TOU, for any other use of the services or the Site or Services that AACC, at its sole discretion, deems improper, or if AACC is unable to verify or authenticate any information you submit when registering for the Site.

c. Survival upon Termination.  The termination of these TOU or your User Profile for any reason or no reason at all shall not negate any term or condition contained herein, including but not limited to the ownership provisions, intellectual property provisions, nondisclosure obligations, notification of copyright infringement provisions, warranty disclaimers, limitations on liability, and indemnity requirements.

24. Availability Outside the U.S.  AACC makes no claims that the Site may be lawfully viewed or accessed outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  If you access the Site from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and you hereby consent to the collection and processing of your personal information in a manner consistent with these TOU and the Privacy Policy.

25. Assignment of Rights.  You may not assign, transfer, or resell your rights and/or obligations under these TOU to any other person or entity without our prior written consent.  We may assign our rights and/or obligations under these TOU to any other person or entity at our discretion.

26. Relationship.  Nothing in these TOU is intended to or does create any type of joint venture, credit- or-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between you and AACC (or any of AACC’s affiliates).

27. Amendments.  We may amend these TOU from time to time.  When we amend the TOU, we will update this page accordingly. A brief description of any material modification and the date it went into effect will be placed in the “Historical Modifications” section at the end of the TOU or Privacy Policy, as appropriate. you must read this page each time you access the Site or use our Services and your continued use of our Site and/or Services shall constitute your acceptance of any such amendments.  Under no circumstances shall you have the right or ability to amend, modify, supplement or alter in way these TOU.

28. Governing Law; Consent to Personal Jurisdiction.  These TOU shall be governed by and construed according to the laws of the District of Columbia, without respect to its conflict of laws principles.  The offer and acceptance of this contract are deemed to have occurred in the District of Columbia.  You agree that any dispute arising from or relating to these these TOU will be heard solely by a court of competent jurisdiction in the District of Columbia. you hereby expressly consent to the personal jurisdiction of the courts located in the District of Columbia for any lawsuit filed there against you by AACC arising from or related to these TOU.  You agree that the unsuccessful party in any dispute arising from or relating to these TOU will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

29. Severability.  If any one or more of the provisions contained in these TOU shall, for any reason, be held to be invalid, illegal or unenforceable in any respect (i) that provision shall be deemed modified to achieve an economic effect that is as near as possible to that provided by the original provision or, if that is not possible, the TOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; and (ii) the legality, validity and enforceability of the remaining provisions of these TOU shall not be affected. If, moreover, any one or more of the provisions contained in these TOU shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.  If two or more provisions of these TOU are deemed to conflict with each other’s operation, AACC shall have the sole right to elect which provision remains in force.

30. Non-Waiver.  Our non-enforcement of any particular provision or provisions of these TOU or any applicable law shall not be construed as our waiver of the right to enforce that same provision or law under the same or different circumstances at any time in the future.  Moreover, our waiver of any breach of these TOU shall not be a waiver of any preceding or succeeding breach.  We shall not be required to give notice to enforce strict adherence to all terms of these TOU.  Any remedies stated in these TOU are cumulative, and not exclusive, of any other remedies available to a party under these TOU or at law or equity.

31. Force Majeure.  You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

32. Language.  All communications and notices to be made or given pursuant to these TOU shall be in the English language.

33. Headings.  The headings in these TOU are for purposes of convenience only and are not intended to define or limit the contents, meaning or construction of the sections or paragraphs to which they relate.

34. California Users and Residents.  Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AACC should be sent to the following:

AACC Customer Service
1250 I St. NW, Suite 200
Washington, DC 20005

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.