(Effective October, 21, 2021)
1. DESCRIPTION OF SERVICES AND USERS
The ACO Platform is an online resource that enables registered Members and Visitors to access certain educational materials/trainings, directories and other resources associated with the construction industry. Full access to the Platform is reserved for Members, while limited access to the Platform is available to Visitors. All Users must at least eighteen (18) years of age.
- Visitors. The terms “Visitors” refers to individuals or entities that are not Members, but nonetheless want to access to certain content or to preview ACO’s services. Visitors are required to establish a free account before being granted limited access to our Platform, and may: (a) view and access Visitor content, including the Contractor Directory; (b) submit contractor reviews; and (c) contact us.
- Members. The term “Member” refers to Members who have registered with ACO to become a member and who otherwise meet the membership qualifications established by ACO. Login is required for Members who, in addition the functions available to Visitors, have the ability to: (a) access to member exclusive content within the Platform; (b) register for continuing educations courses/seminars/workshops; (c) be listed in ACO’s Contractor Directory (depending on membership level); (d) update their accounts/profile; (e) receive exclusive benefits and/or pricing from ACO’s third party partners; and (e) receive ACO’s newsletter, alerts, and other notifications.
2. ACCOUNT REGISTRATION
In order to access the Platform and utilize its features, you first must establish an account (“Account”). You can register an Account by using an email address as your user name and creating a unique password. You will then be prompted to provide certain personal information to complete your profile. You must provide accurate, current and complete information during the registration process and are responsible for keeping your profile up-to-date. You agree that you will not disclose, trade or transfer your password to any third-party as you will be responsible for all use of the Platform occurring under your user name and password. You will be responsible for securing your user name and password agree to notify us promptly if you suspect any unauthorized activity or have any reason to suspect that your password has been stolen, misappropriated or otherwise compromised.
ACO is under no obligation to accept anyone as a Members or Visitor and may accept or reject any registration in its sole and complete discretion. In addition, ACO may disable any account at any time, if it determines that a Member or Visitor has violated these Term.
3. USER CONDUCT
You may only use our Services and Platform for lawful purposes, and you must not use them in a way that infringes on the rights of anyone else or that restricts or inhibits anyone else’s enjoyment or use of any Services. In using our Services, You expressly acknowledge and agree that you will not:
- Copy, reproduce, or improperly use, post or access any content related to our Services;
- Modify, distribute, or re-post any content related to our Services for any purpose without out our express written consent;
- Use our Services for any commercial exploitation whatsoever;
- Disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through our Services or affiliated or linked sites;
- In any way damage, disable, overburden, and/or impair our server, or any network connected to the our server, and/or interfere with any other party’s use or enjoyment of the Services;
- Create or use a false identity when establishing an Account, share your Account information, use another individual’s account information, or allow any person besides yourself to use your Account to access our Services;
- Post any copyrighted material, unless the copyright is owned by you;
- Make posts that are defamatory, libelous, knowingly false, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- Disclose any sensitive information about another person or User, including their e-mail address, mailing or permanent address, phone number, credit card information, or any similar information.
We may cease to continue operating all or part of this Platform, or selectively disable certain aspects of this Platform at any time. You may cease using this Platform at any time; provided however, that termination shall not limit Your liability for amount owned to us prior to termination. Further, ACO reserves the right to suspend or terminate your account and/or your use of the Platform at any time for any reason without prior notice or liability.
ACO generally does not monitor, investigate or censor User reviews or feedback that is posted to a Member’s profile, but may do so at the request of a Member. Reviews posted by Users must be truthful and fair and may not contain any offensive language. We reserve the right, to remove User reviews or feedback from a Member’s profile that, in ACO’s sole judgment, violates these terms or negatively affects the Platform.
6. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all content contained on our Platform is either owned or licensed by ACO, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. This content is provided to you for your information and use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, without the express written consent of ACO.
Limited License: We may from time-to-time grant you access to content, or You may choose to purchase certain content from our Platform, included but not limited to continuing education courses. In such instances we grant you a non-exclusive, non-transferable, revocable, limited license to use the content in accordance with these Terms. This license may be revoked upon breach of these Terms by You, or automatically revoked upon termination, cancellation, or expiration of your membership.
Rights to content provided by You: The Services provided on this Platform allow Users the ability to post and upload User content such as reviews and Member profiles (“User Generated Content”). You acknowledge and agree that once uploaded, User Generated Content will be accessible and viewable by others. We do not claim ownership to your User Generated Content; however, by uploading User Generated Content to our Platform, you agree to grant us a perpetual, fully paid-up, non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, index, print, publish, publicly display, exhibit, distribute, redistribute, copy and otherwise exploit such User Generated Content, in whole or in part, in any and all media now known or hereafter devised. If you submit User Generated Content to us, each such submission constitutes a representation that such content is your original creation and that you have the rights necessary to grant the license contemplated in this paragraph.
8. PAYMENT PROCESSING
We use a third party payment service (Stripe) in lieu of directly processing Your credit card information. By submitting Your credit card information, You grant us the right to store and process Your information with the third party payment service, which may change from time to time. You agree that ACO will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding Your information are subject to the conditions of the third party payment service provider’s terms of service; the current version of which can be found at https://stripe.com/ssa. You acknowledge that we may change the third party payment service and move Your information to other service providers that encrypt Your information using secure socket layer technology (SSL) or other comparable security technology.
9. THIRD PARTY PARTNERS
ACO Partners With Third Parties (“third Party Partners”) To Provide Certain Third Party Products And Services, Including Professional Services, To Our Members, Often Times At A Discount. However, You Acknowledge That We Do Not Control The Content Of Any Advertisements, Product Descriptions, Products, Service Or Professional Services Offered By Third Party Partners On Or Through Our Platform, Including Without Limitation, Information On Products Or Services Provided To Us From Third Parties. Certain Warranties With Respect To Particular Products/services Accessed Or Made Available For Sale Through Our Platform May Be Available Through Manufacturers’ Warranties, Though Not Through ACO. Please Read The Warranties Included In The Documentation Provided Along With Those Products/services For Further Details. Except As Otherwise Agreed In Writing, We Assume No Responsibility For, And Make No Warranty Or Representation As To The Accuracy, Completeness, Reliability, Or Usefulness Of Third-party Content, Third-party Services, Including Third Party Services, Or Third-party Products (Including Product Descriptions) Distributed Or Made Available By Third Parties Partners Through Our Website Or Platform. Should You Elect To Enter Into A Binding Contract With Any Third Party Partner, You Agree To Hold Us Harmless And Hereby Release Us From Any Liability Whatsoever, Whether Arising Out Of Contract, Tort Or Otherwise, For Any Liability, Claim, Injury, Loss Or Damage Resulting From Third Party Partners’ Products Or Services.
10. CONTRACTORS DIRECTORY
As a Property Owner, You Are Granted Free Access To Our Contractor Directory (DFC) Located At Http://www.directoryforcontractors.com. The DFC Allows Contractors To Maintain A Business Profile Which Allows Them To Market The Services They Provide. In Making The DFC Available, You Acknowledge And Agree That ACO Is A Passive Conduit And Does Not Control, And Is Not Responsible For Any Content Posted By A Contractor. Furthermore, ACO Does Not Screen, Verify Or In Any Way Guarantee The Accuracy Or Integrity Of Any Content Posted By A Contractor, Or Any Of The Services Offered Or Provided By A Contractor Listed Within The DFC. Your Use Of Services Provided By A Contractor Listed Within The DFC Is At Your Own Risk. In Consideration For Granting You Access To The DFC, You Agree To Indemnify And Hold Harmless ACO, Its Directors, Officer, Employees, Members, Volunteers, Agents And Subsidiaries, From Any And All Claims, Suits, Liabilities, Losses, Damages, Costs And Fees, Including Attorney Fees, Associated With Or Related To Either: 1) The Content Posted By A Contractor In The DFC; Or 2) The Services Provided By A Contractor Listed Within The DFC.
- Downtime: The Services provided via this Platform may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and the Services.
- No Endorsement as to Accuracy: We accept no responsibility for the accuracy of any User Generated Data provided by, or created, using the Services except as otherwise set out in these Terms. The provision for storage of User Generated Data through the Platform does not constitute our endorsement or warranty as to the compliance of such User Generated Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Generated Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.
- Ratings and Reviews: We accept no responsibility or liability for any ratings or reviews of any User posted on the Platform, or any consequences as a result of the ratings or reviews of a User. Ratings and reviews posted about Members DO NOT reflect our views.
- Monitoring: We do not accept any liability for monitoring the Platform or for unauthorized or unlawful content on the Platform or use of the Platform by Users.
- Damage to Hardware: Any material downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
In consideration for granting you access to our Services and Platform, you hereby agree to indemnify, defend and hold harmless ACO, its directors, officers, subsidiaries, employees, members, volunteers, agents and representatives (collectively, “Indemnified Parties”) from any and all claims, causes of action, proceedings, liabilities, personal injuries, damages, losses, attorney fees, expenses and incidental, special or consequential damages, including lost profits, loss of data, service interruption or system failure, resulting directly or indirectly from a claim from a third party arising in connection with the use of this Platform or any Services provided hereunder by you or any other person using your Account.
13. LIMITATION OF LIABILITY
In No Event Shall Aco, Its Directors, Employees, Volunteers, Agents Or Respresentatives Be Liable To You Or Any Other Person Or Entity For Any Direct, Indirect, Special, Incidental, Consequential Or Exemplary Damages (Including, But Not Limited To, Damages For Loss Of Profits, Loss Of Data, Loss Of Use, Or Costs Of Obtaining Substitute Goods Or Services) Arising Out Of The Use, Inability To Use, Unauthorized Access To Or Use Or Misuse Of The Services, The Platfor M, Or Any Information Contained Thereon, Whether Based Upon Warranty, Contract, Tort (Including Negligence), Or Otherwise, Even If Has Been Advised Of The Possibility Of Such Damages Or Losses; Provided However, Nothing Herein Is Intended To Limit Damages Or Claims Arising From The Intentional Acts Or The Gross Negligence Of Aco, Its Representatives, Agents Or Employees, Or Those Liabilities Which Cannot Be Excluded Or Limited Under Applicable Law. Notwithstanding The Above, In No Event Shall Our Total Liability To You Exceed The Amount Of Any Membership Fees Or Other Amounts Paid By You To Us In The Proceeding Twelve (12) Months.
Subject to the conditions set forth herein, we may, in our sole discretion, amend these Terms from time to time, by posting an amended version of the Terms on the Platform, and will provide reasonable advance notice to Users of any amendments that includes a material change. Unless another date is specified, amendments to these Terms will take effect on the noted effective date or when posted if there is no noted effective date. Your continued used of the Platform after the effective date of an amendment to these Terms constitutes your agreement to be bound by the amended Terms.
15. GOVERNING LAW/VENUE
The formation, construction, performance and enforcement of these Terms shall be in accordance with the laws of the United States and the state of Oregon without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In all circumstances, the parties specifically consent to the local, state and federal courts located in Multnomah County in the state of Oregon.
16. DISPUTE RESOLUTION
Negotiation and/or Mediation. In the event of a dispute arising out the Services, you agree to attempt to promptly resolve any dispute by negotiation with ACO, prior to initiating any formal action. To this effect, you and ACO shall consult and negotiate with one another, in good faith and understanding of our mutual interests, to reach a just and equitable solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, either party may commence mediation through the American Arbitration Association, or other forum mutually agreed upon before pursuing arbitration. In the case of mediation, each party may propose the names of three (3) mediators for consideration. If the parties are unable to agree to a mediator from these submissions, the parties will each chose a mediator from their respective list, upon which said mediators will confer and chose the actual mediator for the mediation. The mediators’ fees shall be split evenly between parties; provided, however, that each party shall pay their own respective attorneys’ fees and costs.
Arbitration. In the event that you and ACO are unable to resolve the dispute through negotiation or mediation, the parties may commence arbitration in accordance with the then current rules of the American Arbitration Association.
- The party initiating arbitration shall give written notice to the other party. Within ten (10) days after such notice is given, one arbitrator shall be chosen by ACO, one by you and a third shall be selected by the two arbitrators from the membership of the American Arbitration Association. If either party fails to appoint an arbitrator, the one appointed shall select a second from the membership of the American Arbitration Association, and the two thus selected shall choose a third.
- Arbitration shall take place in Portland, Oregon, USA, and the arbitration award shall be final, binding on the parties, not subject to any appeal, and shall deal with the question of costs and all matters related thereto. Any monetary arbitration award shall be paid in US dollars.
- Judgment upon the award rendered may be entered into any court having jurisdiction.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, such part will be severed from these Terms and the remainder will continue to be valid and enforceable to the fullest extent permitted by law.
18. SURVIVAL OF TERMS
Certain provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
19. ENTIRE AGREEMENT
This Terms (including the documents and instruments referred to herein) constitutes the entire agreement and understanding of the parties with respect to the subject matter of these Terms and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
20. HOW TO CONTACT US
If you have any questions regarding these Terms, you may contact us via e-mail at email@example.com.