Revised March 20, 2015
Authorized Users who violate these Terms will have their access terminated without prior notice. ACA will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the website.
ACA reserves the right to revise these Terms from time to time as ACA sees fit. Authorized Users should check these Terms periodically. By using the Website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.
- Privacy Issues
- Conduct of Users
When you visit the website or send e-mails to ACA, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing.
You agree that you will not: (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other materials that is/are or which ACA considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
- Online Medical Advice Disclaimer
This Website is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services. Through this Website and links to other websites, ACA provides general information for educational purposes only – it is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation, or the advice of your physician or other healthcare provider. You should ask your physician or other healthcare provider to assist you in interpreting any information presented on this Website or in the linked websites, or in applying the information to your individual situation. Medical information changes constantly. Therefore the information on this Website or on the linked websites should not be considered current, complete or exhaustive. Reliance on any information provided on this Website or any linked websites is solely at your own risk; ACA is not responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain as a result of information provided on this Website.
ACA has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the Website. Such websites accessed from the ACA website are independent from ACA; the links are provided for your convenience only and you access them at your own risk. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ACA of that third party or of any product or service provided by a third party. Any concerns with respect to any other websites should be directed to that website’s administrator or webmaster.
- Copyrights, Trademarks & Restrictions
The material included herein, including Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by ACA. ALL RIGHTS RESERVED. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.The Website and all materials on the Website, including, but not limited to, images and illustrations are the property of ACA and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by ACA and by copyright law, trademark law, international conventions and other intellectual property laws.Except as provided in these Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website (or any other website owned or operated by ACA or its subsidiaries or affiliates) without ACA’s prior written permission. Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of trademark or other proprietary rights of ACA or third parties.
- Notice and Take Down Procedures
If you believe any materials (Licensed or otherwise) on the Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us and provide the following information:
• A clear statement identifying the works, or other materials believed to be infringed.
• A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
• Sufficient information about the location of the allegedly infringing materials so that ACA can find and verify its existence.
• Your name, telephone number and e–mail address.
• A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
ACA agent for notice of copyright issues on the Website can be reached as follows:
Acne Cure Alliance, Inc.
310 South Street, 4th Fl
Morristown, NJ 07960
Attn: Legal Department
(ref: Copyright Infringement)
By using the Website, you agree to indemnify the ACA for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. ACA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Disclaimer, Limitation of Liability
THIS WEBSITE IS PROVIDED BY ACA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACA MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE.
ACA IS NOT NOW AND SHALL NOT BE IN THE FUTURE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ACA may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, without limitation; users who violate these Terms will have their access terminated without prior notice. ACA will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the website.
ACA operates the Website from its offices within the United States. ACA makes no representations that content and materials (Licensed or otherwise) on the Website are legal or appropriate for use from outside the United States. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of U.S. export laws and regulations.
These Terms will be governed by and construed in accordance with the laws of the New Jersey, as it is applied to agreements entered into and performed therein. Any action brought to enforce these Terms or matters related to the Website will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Terms to the contrary, ACA shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce ACA’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and ACA concerning your use of the Website.
- Comments, Complaints, and Questions
We welcome your feedback about the Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of ACA, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms, please contact us.