TERMS AND CONDITIONS
Last Updated: May 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS THIS SITE, USE THE WEBSITE, OR CLICK “ACCEPT.”
These Service Terms and Conditions (“Terms”) constitute an agreement between you (“Customer”,“you,” and “yours”) and Live, LLC doing business as Acena, together with its affiliates and subsidiaries (“ACENA”, “we”,“us,” and “our”). This website https://acena.com/ and other websites or online channels we own or operate (collectively, the “Site”), is owned and operated by Acena. These Terms govern your use of our (i) inbound call answering and virtual reception services, (ii) chat, visitor tracking, mobile applications, SMS, MMS, text messaging, customer portals, dashboards, and any other software we offer; (iii) Site; (iv) all applications, platforms, and digital properties that we offer through third party platforms (collectively, the “Services”). Please read these Terms carefully. You should print a copy of these Terms for your records. You should also revisit this page periodically to review any updates we may have made to these Terms.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION/ARBITRATION” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND ACENA OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.
We reserve the right at any time to change or modify: (i) these Terms; (ii) this Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the Services; and (iv) the equipment, hardware, or software required to use and access this Site or the Services. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting on this Site. Accordingly, you agree to review the Terms periodically, and your continued use of our Site and/or the Services shall be deemed your acceptance of the modified Terms. In the event any portion of these Terms are found to be unenforceable, the remainder of these Terms shall remain in full force and effect, and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Services; and (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
4. USE OF THIS SITE.
If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.
Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Site represents and warrants to us that you have verified that you are permitted to use the Site and Services in your jurisdiction.
5. TEXT MESSAGING AND ELECTRONIC MESSAGES.
You may opt in to receive SMS text messages on your mobile device. Data received in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages, and other information you provide as part of this service. We may use this information to contact you and provide the Services you request.
You agree to provide valid contact information for communication by email, phone, SMS, MMS, text message, and/or US mail, and you agree that we may use that contact information to communicate with you about the Services. You agree to receive message information via electronic means, including but not limited to SMS, MMS, text message, email, and secure message app, and to not utilize the Services in violation of any and all applicable state and federal laws, rules, and regulations. To the extent the Services involve us communicating with your employees via SMS, MMS, text message, email, and secure message app you have all necessary consents and have provided all necessary notices for you to share your employees’ numbers for the purposes of Acena sending SMS to your employees.
You are responsible for any mobile-related message or data charges, so please contact your wireless carrier if you have questions about messaging or data charges. Acena will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.To stop receiving text messages, you may reply “STOP” to any text message you receive from us. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed.
By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at email@example.com. Agreements and transactions executed prior to this request will remain valid and enforceable. If you have any questions, please email us at firstname.lastname@example.org.
6. CONSENT TO RECORDING OF COMMUNICATIONS.
Where state law allows, if you participate in a phone call with a member of our team, we may record the call. If you are in a state that requires notification, we will notify you that your call is being recorded. By staying on the line after receiving such notification, you consent to the call recording. If you do not consent to call recording, you may end the call or ask to not be recorded.
7. CHARGES FOR SERVICES.
You are responsible for paying all charges and fees for Services. You will incur the monthly charges and fees associated with the service plan you selected for each whole or partial month during which your agreement with us remains in effect, plus any applicable taxes, duties, or other additional payments required by law (your “Service Plan”). If you exceed your Service Plan’s minutes in any given month, you will be charged for any additional minutes used during that month at the overage rate associated with your Service Plan. You acknowledge that you will be charged in whole-minute increments, and that any partial minutes will be rounded up to the nearest whole minute. For inbound calls, usage of Services is calculated starting from the time the receptionist receives the call and ending when a receptionist transfers the call through to someone, or to voicemail, or otherwise disconnects because the call is over, as well as any time a receptionist spends completing any information on your call after the caller has hung up. We reserve the right to change our charges or pricing plans, or adjust pricing for Services or any components thereof, in any manner and at any time.
8. TERM, CANCELLATION & ENFORCEMENT.
Your Service Plan subscription shall automatically extend on a month-to-month basis until we receive a written cancellation request from you on written notice received by us at least 1 month’s prior to your next invoice due date, unless you request a later date. We reserve the right to terminate your Service Plan at any time with thirty (30) days’ written notice. Services may be discontinued earlier and without any written notice if we determine in our sole and absolute discretion, that (i) continuation of Services will adversely affect service to other customers, (ii) that your advertising is causing extreme fluctuations in call volume that adversely affects service to other customers, (iii) you or your callers are abusive, disrespectful, or otherwise inappropriate to our personnel, (iv) you are in violation of any Federal Communications Commission rules, (v) a request from you or your callers constitutes or otherwise relates to fraudulent or illegal activity or to a sexual or otherwise potentially illicit encounter, (vi) the credit information furnished to us by you is inaccurate or that you are otherwise in breach of these Terms. You authorize us to furnish any information we have concerning you to law enforcement, collection and credit agencies. You consent to our response to any subpoena, court order, or other court authorized request for information served upon it without necessity to contest the request on any grounds. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNLESS YOU TERMINATE IN ACCORDANCE WITH THIS SECTION.
The subscription fees will be billed to your payment method in accordance with the above. You hereby authorize us to charge the applicable subscription fees on a recurring basis. We may increase the subscription fees—and bill your payment method for such increased fees—upon thirty (30) days prior notice to you. Any fee increases will become effective at the beginning of the next billing cycle so long as you do not opt to terminate the subscription.
Subscription fees are non-refundable, and you are responsible for paying all unpaid fees through the end of the current term. In the event of an early termination, you will not be entitled to a refund for any portion of any subscription fees paid or owed.
9. AUTOMATED PAYMENTS, CREDIT CARD USE & PAYMENT AUTHORIZATION.
If you authorize automated payments (“Simplified Payment Plan” or “SPP”) to make payments to us, you are expressly authorizing us to charge the payment method on file for the balance due on your account. Cancellation of SPP requires a Written Notice of Cancellation Request emailed to email@example.com, or written notice mailed to Acena 1981 Marcus Ave, Ste C109, Lake Success, NY 11042, Attention: Billing Department.
You shall replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and will not be rejected. If we are unable to process your card order for any reason, we will try to contact you by email and may suspend your account until your payment can be processed. Please note we do not charge a surcharge for payments made by debit cards, ACH or check. To the extent permitted by applicable law, payments made by credit card will incur a 3.0% surcharge.
10. DEFAULT/NON PAYMENT/RECONNECT FEES.
If you default in payment of any sum due to us or in the observance of any provision of these Terms, and we are unable to charge the payment method on file in accordance with Section 8, we may, without incurring any liability, notify you (by telephone, in writing, or transmitted message) that your Services will be temporarily discontinued.You shall pay us all amounts hereunder, plus interest on delinquent amounts at the rate of 1.5% per month (or the maximum allowed by state law), plus late charges, collection agency and attorney fees and expenses, court costs, and other expenses incurred in recovering such sums owing. Acceptance by us of any payment that is less than the sum due hereunder shall not constitute a release or an accord or satisfaction for any greater sum due, or to become due, regardless of any endorsement restriction. You agree to pay a reconnect fee determined by us at our discretion for reinstatement of a suspended account. All past amounts owing must be paid and current. We reserve the right to refuse reinstatement of any suspended account.
We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. Our Services are subject to transmission limitations caused by failures in third party telephone, satellite or wireless carriers that provide service links and other elements of the Services, scheduled and emergency maintenance, atmospheric conditions and other uncontrollable interferences. You agree and understand that we are not required to notify you of any interruptions of any type, suspensions, curtailments or failures, and that we have no liability for any damages or loss therefrom. Further, we reserve the right to interrupt or suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
12. DATA RETENTION.
We provide a self-service portal that you may retrieve information from regarding the Services. The information on the portal is subject to our data retention policies, which are designed to limit data retention in accordance with applicable law. We retain your data for a period of no more than 24 months and retain call recordings of any of your customer calls for a period of no more than 90 days. We make no representations or warranties that any data will be available on the portal or otherwise after it has been used to provide the Services. To the fullest extent allowable under law and our own data retention policies set forth above, we are not obligated to retain any of your data and are not liable for any loss of your data. While your account is active, we shall retain data, including but not limited to connection type and details, active directory, log files, and backup copies. We shall not be responsible for retaining any of your data after account termination. All data is deleted from our servers after your account is terminated and from backups during scheduled backup rotation. We will not restore, provide on any storage media, or send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.
13. ACCESS NUMBERS.
You have no property rights to any telephone number or any other form of ID number that we assign to you, subject to applicable laws and regulations. We may assign, designate, or change such numbers when, in our sole discretion, it is reasonably necessary in the conduct of our business to do so, without liability to you. You shall hold us harmless and without liability should your telephone, pager or ID number no longer be available.
14. THIRD PARTY SOFTWARE.
15. CUSTOMER RESPONSIBILITY FOR END USERS.
You agree that you are solely responsible for complying with all data privacy and security laws, regulations, or rules relating to the personal information that we may collect on your behalf, including any requirements to provide notice, offer choices, or obtain consent.
16. NO WARRANTIES.
WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY US REFLECTING THE CREATION OF THAT WARRANTY.
17. LIMITATION OF ACENA’S LIABILITY.
Our obligations set forth herein are the sole remedy with respect to the provision of the Services. Notwithstanding any other provision of these Terms or any agreement between us and you, except as provided in the next paragraph, in no event shall we be liable for any direct, indirect, special, consequential, or punitive damage or loss of business caused directly or indirectly by any failure, omission, error, delay, or interruption including but not limited to any inadequacies thereof for any purpose, or (2) by the use or inability to use the Services or from the failure to take and transmit any message or from the failure to receive an accurate message or from the failure to receive any message at all, or (3) by the interruption or suspension or cancellation of Services or (4) failure to discontinue Services after Customer or Company cancels Services. Company is not responsible or liable for failure of telephone and satellite communications or wireless carriers which provide service links and other elements of the Services. We shall have no liability unless notice of your claim is given to us in writing within fourteen (14) days following the date of the problem. Our liability at all times shall be limited to a credit adjustment equal to your pro-rated monthly service charge for the period during which the liability arose, to a maximum of fifteen (15) days or five hundred dollars ($500.00) (USD), whichever is less (the “Liability Cap”).
You will defend, indemnify, and hold ACENA, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by your or any other person accessing the Site or Services using your Account. Under no circumstance will ACENA be liable for damages of any kind that result from your use of, or the inability to use, the Services.
19. ARBITRATION PROVISION AND CLASS ACTION WAIVER (the “Arbitration Provision”)
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.
Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Provision, ACENA, and any bank or financial institution with which ACENA partners, together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Claim”) arising from or relating in any way to (i) the use of the Services, (ii) these Terms, or (iii) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the use of the Website or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in the same proceeding or a related proceeding.)
“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, constitution, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services, including, but not limited to, any dispute or claim arising before the date you accessed the Website or agreed to these Terms and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) any product or service provided by or through a Transaction Party or third parties in connection with the use of the Services or the relationship between you and a Transaction Party and any associated fees; (iv) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Services or your relationship with the Transaction Party; (v) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Services or agreement governing the same; or (viii) compliance with applicable laws and/or regulations.
Exceptions to “Dispute.” Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms or your agreements governing the use of the Services or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. Moreover, this Arbitration Provision will not apply to any Dispute that was already pending in court before this Arbitration Provision took effect.
Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms and any agreement governing the use of the Website. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms, or your agreements governing the use of the Services, or with an arbitration provision in any agreement with a Transaction Party, this Arbitration Provision shall govern.
Survival; Severance. This Arbitration Provision shall survive termination of the Website or these Terms or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms but also to any subsequent agreement (including without limitation any agreement governing the use of Website or Services) into which you enter with a Transaction Party. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
Right to Opt Out: If you do not want this Arbitration Provision to apply, you must send us a signed notice within thirty (30) calendar days of the date on which you electronically submit an application for a product or service offered by a Transaction Party through the Website or Services. You must send the notice in writing (and not electronically) to 1981 Marcus Ave, Ste C109, Lake Success, NY 11042. You must provide your name, address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms or any other agreement governing Website or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms and any other agreement governing a Service or with a Transaction Party. Please note that if you enter an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.
20. OUR MATERIALS.
ACENA may make certain information, content, software or other materials (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) available to you from this Site from time to time (collectively, the “ACENA Materials”). All ACENA Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. If you download, access or use any ACENA Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without ACENA’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. ACENA does not transfer the title or the intellectual property rights to the ACENA Materials to you, and retains full and complete title to the ACENA Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the ACENA Materials. ACENA or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Site (including its organization, and presentation and ACENA Materials) is the property of ACENA and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.
21. USE OF SITE AND ACENA MATERIALS.
The information and materials contained on the Site, and these Terms, policies, and descriptions on the Site, are subject to change. You accept sole responsibility for all of your activities using the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into ACENA’s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:
- (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- (b) is unlawful, fraudulent, or deceptive;
- (c) uses technology or other means to access content or systems of ACENA in a manner that is not authorized by ACENA;
- (d) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of ACENA;
- (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- (f) attempts to gain unauthorized access to ACENA’s computer network or user accounts;
- (g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- (h) violates these Terms or any other ACENA policies;
- (i) attempts to damage, disable, overburden, or impair ACENA servers or networks;
- (j) fails to comply with applicable third-party terms; or
- (k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
These Terms shall be governed under the laws of the State of Virginia (without regard to provisions relating to conflicts of law). To the extent any dispute is not governed by the Arbitration Provision, you agree that any legal action or proceeding between ACENA and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the Chesapeake General District Court (or the Eastern District of Virginia), or otherwise in the courts of the state of Virginia, and you agree to submit to the jurisdiction of these courts. You waive any venue or inconvenient forum objections to such courts.
To the extent applicable, these Terms include the description of the Services that you purchase from us, and the cost, fees and/or charges payable by you for such Services. Subject to any additional terms and conditions presented to you at the time of purchase of Services, these Terms set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.
These Terms are not assignable, transferable or sublicensable by you except with ACENA’s prior written consent.
ACENA may assign its rights and duties under these Terms at any time without notice to you.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
23. CONTACT US