Website Terms of Use

1. AGREEMENT BETWEEN USER AND ACT

The Appraisal & Collection Technologies, LLC (ACT) web sites are comprised of various web pages owned and operated by ACT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ACT SITE. By using any ACT web site, you signify your agreement to these terms of use without modification of the terms, conditions, and notices contained herein. If you do not agree to these terms of use, you may not use any web site owned or operated by ACT.

2. GENERAL
The ACT web sites contain proprietary notices and copyright information, the terms of which must be observed and followed. These sites and all content in these sites may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without ACT's prior written consent, except that ACT grants you non-exclusive, non-transferable, limited permission to access and display the web pages within these sites, solely on your computer and for your personal, non-commercial use of these web sites. This permission is contigent on your not modifying the content displayed on these sites, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in these sites. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from these sites with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on these sites will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, ACT does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from these sites on another web site or in any other media.
Any software that is made available to download from these web sites is the copyrighted work of ACT and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). An end user will be unable to install any software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.

3. PROHIBITED OR UNLAWFUL USE
As a condition of your use of the ACT web sites, you warrant to ACT that you will not use the ACT web sites for any purpose that is unlawful or prohibited by the terms of use. You may not use the ACT web sites in any manner which could damage, disable, overburden, or impair the ACT web sites, or the network(s) connected to any ACT server, or interfere with any other party’s use and enjoyment of the ACT web sites. You are prohibited from obtaining or attempting to obtain any materials or information that are not intentionally made available or provided for through the ACT web sites.

4. MODIFICATION OF TERMS OF USE
ACT reserves the right to change the terms, conditions, and notices under which the ACT web sites are offered at any time. These changes may include, but are not limited to charges associated with the use of the ACT web sites.

5. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.

6. THIRD PARTY SITES
For your convenience and information the ACT web sites may contain links to other web sites (heretofore referred to as 'third party sites'). Unless specifically noted, these third party sites are not under the control of ACT and ACT is not responsible for the contents of any third party site, including without limitation any link contained in a third party site, or any changes or updates to a third party sites. ACT is not responsible for webcasting or any other form of transmission received from any third party sites. The inclusion of a link to any third party site on the ACT web sites does not imply endorsement by ACT of the site or any association with its operators, unless otherwise stated.

7. GROUP COMMUNICATIONS
The ACT web sites may contain areas, sites or features that offer the opportunity for users to communicate with the public at large or with a group (heretofore referred to collectively as 'group communications').  These areas may include, but are not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function, calendars and/or other message or communication facilities. You agree to use the group communications only to post, send and receive messages and material that are proper and related to the particular public forum. By way of example, and not as a limitation, you agree that when using a public forum, you will not:

  • a. Post any submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, profane, pornographic or indecent; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  • b. Post any material that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation unless you own or control the rights thereto or have received all necessary consents.
  • c. Upload files that contain viruses, corrupted files, or other harmful components, or otherwise tampers with, impairs or damages the ACT sites or any connected network, interferes with any person or entity's use or enjoyment of the ACT sites or may damage the operation of another’s computer
  • d. Download any file posted by another user of a public forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • e. Post any message that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations), unless such public forum specifically allows such messages.
  • f. Restrict or inhibit any other user from using and enjoying the group communications.
  • g. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • i. Violate any code of conduct or other guidelines which may be applicable for any particular public forum.
  • j. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • k. Post any material that is illegal, encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, or violates any applicable laws or regulations.

You are and shall remain solely responsible for the group communications you distribute on or through any ACT web site under your user name or otherwise by you in any public forum and for the consequences of submitting and posting same.  ACT has no obligation to monitor any public forum. However, ACT reserves the right to review materials posted to a public forum and to remove any materials in its sole discretion. ACT reserves the right to terminate your access to any or all of the group communications at any time without notice for any reason whatsoever.

ACT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACT’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or others in any public forum. ACT does not control or endorse the content, messages or information found in any public forum and, therefore, ACT specifically disclaims any liability with regard to the group communications and any actions resulting from your participation in any public forum. Managers and hosts are not authorized ACT spokespersons and their views do not necessarily reflect those of ACT.
Also, please use caution concerning any information provided by others. You acknowledge that the use of any group communications posted in any public forum is at your own risk. We are not responsible for, and we do not endorse the opinions, advice or recommendations posted or sent by users in any public forum and we specifically disclaim any and all liability in connection therewith.

Materials uploaded to a public forum may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

8. MATERIALS PROVIDED TO ACT OR POSTED AT ANY ACT WEB SITE
ACT does not claim ownership of any feedback, suggestions or other materials you provide to ACT or post, upload, input or submit to any ACT web site or its associated services (heretofore referred to collectively as 'submitted materials'). However, by posting, uploading, inputting, providing or submitting your submitted materials, you automatically grant to ACT, its affiliated companies and necessary sub-licensees permission to use your submitted materials in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted materials, and to publish your name in connection with your submitted materials.

No compensation will be paid with respect to the use of your submitted materials and ACT is under no obligation to post or use any submitted materials you may provide. ACT retains the right to remove any submitted materials at any time.

By posting, uploading, inputting, providing or submitting your submitted materials you warrant and represent that you own or otherwise control all of the rights to your submitted materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submitted materials.

9. LIABILITY DISCLAIMER
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO ACT WEB SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY ACT SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ACT WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ACT WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE ACT WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. ACT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ACT WEB SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ACT SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ACT WEB SITES, WITH THE DELAY OR INABILITY TO USE THE ACT WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ACT WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ACT WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ACT WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACT WEB SITES.

CONTACT : ACThelp@publicans.com

10. TERMINATION/ RESTRICTION OF ACCESS
ACT retains the right, at its sole discretion, to terminate your access to the ACT web sites and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACT as a result of this agreement or use of the ACT web sites.

11. JURISDICTIONAL AND VENUE ISSUES
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of the ACT web site. Use of the ACT web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. We make no representation that content on any ACT site is appropriate or available for use in any particular location. Those who choose to access an ACT site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. ACT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ACT web sites or information provided to or gathered by ACT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ACT with respect to the ACT web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACT with respect to the ACT web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

12. COPYRIGHT
All contents of the ACT web sites are: Copyright 2010 ACT and/or its suppliers. All rights reserved.

13. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

14. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT COMPLYING WITH THE PROCEDURE SET FORTH IN TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL RECEIVE NO RESPONSE.