Terms

TERMS OF USE

These Terms of Use are effective as of September 25, 2018.

Welcome to Achievemo’s Site (as defined below), owned and operated by Achievemo (“Achievemo”, “we”, “us” and “our”).    Please read the following Terms of Use (the “Terms of Use”) as they, together with all the other Additional Terms (as defined below), govern your access and use of our Site.

ACCEPTANCE OF THE TERMS OF USE

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES TO FROM TIME TO TIME AS DEFINED WITHIN AND CONSISTENT WITH APPLICABLE LAW.  THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.  THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE.

PLEASE BE AWARE THAT YOU AGREE TO MANDATORY BINDING ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.

We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “Our Companies,” in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with Achievemo.

When we use the term “Site” we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the GetItFree.us domain (including all backups, mirror, replacement and substitutes), but excluding Third-Party Resources (as defined below) and Third-Party Merchants (as defined below) that may be referenced or linked to or on through the Site. Unless otherwise noted, when we use the term “Site,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and Trademarks (as defined below), the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately. When we use the term “Services” we mean any services provided as an online functionality or feature of the Site.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”) all of which are incorporated by reference and form a part of our Terms of Use for all purposes. In the event of a conflict, these Terms of Use shall control although the Additional Terms may govern use of particular products, solutions, or services.

If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.

AGE REQUIREMENTS

Individuals under the age of eighteen (18) are not eligible to use this Site and may not submit any PII (as defined below) to us.  By using this Site, you hereby represent that you are at least eighteen (18) years old.

We are a general audience site and do not direct any of our content specifically at children under the age of 13.  IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THE SITE.  We understand and are committed to respecting the sensitive nature of children’s privacy online.

WE CAN CHANGE OUR TERMS OF USE AND SITE

We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole and absolute discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this Site, or by sending you a notice via e-mail (if applicable), with such method of notification to be decided by us in our sole and absolute discretion.  Your continued use of the Site following the notification of revised Terms of Use means that you accept and agree to the changes.  The date at the top of the Site indicates when these Terms of User were last updated.  You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.

From time to time, we may restrict access to all or some of this Site.  We undertake no obligation to update, amend, or clarify information on this Site, except as required by law.  No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated.  Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject.  In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.  On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, pricing information, or subscription descriptions.  We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel memberships if any information on the Site is inaccurate.

OUR PRIVACY POLICY

Your privacy is important to us.  We have developed a Privacy Policy in order to inform you of how we collect and use information we obtain from you.  All information we collect on the Site is subject to our Privacy Policy, and our Privacy Policy is incorporated into and is a part of these Terms of Use.

REPRESENTATIONS AND WARRANTIES

By using the Site, you represent, warrant, and covenant to Achievemo that:

  1. You are at least eighteen (18) years of age or older;
  2. You are authorized to enter into this Agreement and are able to fulfill and perform the obligations and meet the conditions of a user as specified herein;
  3. You will not use the Site for any purpose or in any manner that violates any law or regulation, or that infringes the rights of us, our Affiliates, or any other third party;
  4. You own or control all rights in and to, any and all information or data provided to us or our Affiliates by you, if any, and such information or data will not violate any law or regulation or infringe the rights of us, our Affiliates, or any third party;
  5. All information that you provide to us or our Affiliates in connection with this Site is true, complete, and accurate.

RULES OF CONDUCT

You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use, and only for your non-commercial personal use.  This Site (including any portion thereof) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent.

By using the Site, you agree that you may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:

  • Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
  • Transmit or engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
  • Impersonate or indicate an affiliation with, or attempt to do any of the same regarding Achievemo, Achievemo’s employees, or any other person, firm, or enterprise, including, without limitation, any other users of the Site;
  • Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
  • Use the Site in any manner that could disable, disrupt, damage, impair, or interfere with the use, features, functions, operation, or maintenance of our Site or with the rights or use and enjoyment by any other party;
  • Violate, or attempt to violate any security features of the Site or Service;
  • Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;
  • Except as permitted herein, collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise made available on or through the Site, including, without limitation, by Posting someone else’s private information without their consent;
  • Advocate or encourage conduct that does or could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Otherwise attempt to interfere with the proper working of the Site, or otherwise violate or attempt to violate any security features of this Site, including, without limitation, by: (a) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (b) interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (c) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
  • Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or the search engine provided by us;
  • Frame or utilize framing techniques to enclose any aspect of this Site, including, without limitation, any Trademark or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent;
  • Use any metatags or any other “hidden text” utilizing our name or Trademarks without our express written consent; or
  • Otherwise attempt to interfere with the proper working of the Site.

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.  Any violation of system or network security may subject you to civil and/or criminal liability.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality, including, but not limited to all information, text (whether visible or hidden), Trademarks, software, displays, photographs, graphics, video and audio, any other digital media, and the design, selection and arrangement thereof (collectively, “Achievemo Content”), are owned by, licensed by, or provided to Achievemo.  In addition, the entire content of this Site is copyrighted as a collective work under U.S. copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Without limiting the generality of the foregoing, the Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the Achievemo Content and the Service.

These Terms of Use permit you to use the Site for your own personal, non-commercial use only.  Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the Achievemo Content in whole or in part.  You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.

FEEDBACK AND SUBMISSIONS

Achievemo welcomes your feedback and suggestions about Achievemo.com or our Affiliates’ programs or Services or with respect to how to improve the Site. By transmitting any suggestions, ideas, questions, comments, information, material, or other content (collectively, “Feedback”) to us, you represent, warrant and covenant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or Trademark rights) and that you have all rights necessary to convey to Achievemo and enable Achievemo to use such Feedback.

COPYRIGHT INFRINGEMENT

On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.

PROMOTIONS

From time to time we may offer sweepstakes, contests, or other similar promotions (“Promotions”).  Promotions vary and may require you to submit information about yourself to us.  Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion.  You must read and agree to these separate Terms and Conditions before entering into any such Promotion.

THIRD-PARTY RESOURCES

If the Site contains links to other sites, materials, content, and/or resources provided by third parties (“Third-Party Resources”), such Third-Party Resources are provided for convenience purposes only.  This includes links, without limitation, Third-Party Resources contained in advertisements, banner advertisements, and sponsored links.  We have not reviewed all of the Third-Party Sites linked to the Site and we have no control over, and no liability for any Third-Party Resources. We work with a number of partners and affiliates whose Third-Party Resources may be linked with the Site. Because neither we nor our Site has control over the content and performance of the Third-party Resources, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such Third-Party Resources, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Third-Party Resources. If you decide to access any of the Third-Party Resources linked to this Site, you do this entirely at your own risk.

We do not endorse, warrant, or guarantee any such Third-Party Resources, or the resources, products, or services offered by Third-Party Resources, and we are not responsible or liable for the actions or inactions of such Third-Party Resources, including, without limitation, the accuracy, completeness, or usefulness of any information, independent policies of, privacy practices of, or the availability of any information offered by or through such Third-Party Resources.  If we provide links to social media platforms, such as Facebook and Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public.  We do not control User Content on social media homepages and are not responsible for any third-party use of your PII that you have posted, transmitted, or otherwise made available there.

Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties (“Third-Party Content”). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third-Party Content.

TERM AND TERMINATION

Our Terms of Use will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest.  Achievemo reserves the right at any time to deny your access to the Site or to any portion thereof for any or no reason.  Our Terms of Use with you will also terminate automatically if you fail to comply with the terms and conditions herein, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate the Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you.  Upon termination, you must destroy all copies of any aspect of the Site in your possession.  Notwithstanding anything to the contrary herein, the provisions concerning Achievemo’s proprietary rights, restrictions on use of the Site, and any information contained therein, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.

WE HAVE THE RIGHT TO TERMINATE

We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others.  In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further posting; (ii) remove or delete any postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your Achievemo account; and/or (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including, without limitation, by blocking specific IP addresses or deactivating your registration.  Please note that even upon termination of your account, certain provisions by their nature shall survive any expiration or termination of these Terms of Use.

YOU INDEMNIFY US

By using our Site, you agree to defend and hold harmless Achievemo and its officers, directors, members, managers, employees, agents, affiliates, third party information providers, licensors, contractors, others involved in the delivery of the Service or information through the Site, and any or all of Our Companies (collectively, the “Indemnified Parties”) against any and all demands, claims (whether or not such claims are merely alleged or otherwise), or actions arising out of or as a result of: (a) your access to or use of the Site; (b) your breach or violation of our Terms of Use, including, without limitation, any breach arising from violations of law and regulation; and (c) claims of infringement, misappropriation or violation of the rights of any person or entity (each, a “Claim” and collectively, “Claims”), and you shall indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, judgments, awards, costs and expenses, including attorneys’ fees, resulting from any such Claim.

The Indemnified Parties have the right, at any time, to assume the exclusive defense and control of any Claim and all negotiations for settlement and compromise and you agree to cooperate with the Indemnified Parties in any such defense.

DISCLAIMERS AND LIMITATION OF LIABILITY

OUR SITE (INCLUDING ALL ACHIEVEMO.COM CONTENT THEREIN, AND ANY PORTION THEREOF) IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE OFFER NO GUARANTY, WARRANTY, OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, THAT DEFECTS WILL BE CORRECTED, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY RESOURCES, THIRD-PARTY CONTENT, OR USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MAANGERS DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE OR MAKE AVAILABLE TO YOU.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, EXCEED ONE HUNDRED DOLLARS ($100).

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of California applicable to contracts made, executed and wholly performed within the State of California, without giving effect to any principles of any choice or conflict of law provision or rule. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.

Any Claim you might have against Achievemo or Achievemo Affiliates, regardless of the form or the basis of the Claim, must be brought within one (1) year after the cause of action arises, or if multiple causes, from the date the first cause arose.  YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.

ARBITRATION AND CLASS ACTION WAIVER

You agree to first contact us at [email protected] for any dispute or controversy so as to attempt to resolve the dispute or controversy informally.  Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within one-hundred and twenty (120) days shall be settled by binding, confidential arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award shall be binding and rendered may be entered in any court having jurisdiction thereof.  The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.  The arbitration may proceed telephonically in the event the total amount does not exceed Two Thousand and Five Hundred U.S. Dollars ($2,500) if the claimant so chooses.  The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information.  Neither party may use, disclose, or divulge any information unless otherwise required by law or as needed to enforce or challenge an arbitration award.

To the fullest extent permitted by law, you agree that any dispute brought by you arising from or relating to these Terms of Use will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

INJUNCTIVE RELIEF

Any breach, threatened or actual, by you of our Terms of Use, including, without limitation, with respect to any unauthorized use of Achievemo proprietary assets, will cause irreparable injury to Achievemo, such injury would not be quantifiable in monetary damages, and Achievemo would not have an adequate remedy at law.  You therefore agree that Achievemo shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use.  Accordingly, you hereby waive any requirement that Achievemo post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Achievemo to enforce any provision of our Terms of Use.

NO LICENSE

Nothing contained on the Site or in these Terms of Use should be understood as granting you a license, by implication or otherwise, to use any of the trademarks, trade names, trade dress, service marks, or logos (collectively, the “Trademarks”) or copyrights that are owned by us or by any third party.

THIS SITE IS FOR UNITED STATES USE ONLY

We control and operate the Site from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.   Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, in certain jurisdictions, some of the limitations of liability herein may not apply to you; all other provisions of these Terms of Use remain in full force and effect.  If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are 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., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

FEEDBACK AND SUBMISSIONS

Achievemo welcomes your feedback and suggestions about Achievemo’s programs or services or with respect to how to improve the Site.  By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Achievemo, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Achievemo and enable Achievemo to use such feedback.  In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Achievemo to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Achievemo has adopted the following procedure regarding copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf.

THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, OR REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.  FOR THOSE INQUIRIES, PLEASE CONTACT US AT [email protected]

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Achievemo’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.  Achievemo will respond expeditiously to any claims of copyright infringement that are properly reported.

The Notification of Claimed Infringement must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
  3. A description and identification of the material you claim is infringing or that will be the subject of infringing activity, and that is to be removed or access to which is to be disabled, along with the location where the original, or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our Site, including, as applicable, its URL, so that we can locate the material;
  5. Your contact information, including your name, address, telephone number, and e-mail address, that is reasonably sufficient to permit us to contact you;
  6. A statement that you have a good faith belief that the disputed use of such material in the manner specified is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement (our “Designated Agent”) may be contacted only by both e-mail AND U.S. Mail, as follows:

Achievemo
Attn: Legal Department
P.O. Box 12630
San Diego, CA, 92112, USA
Email Address: [email protected]
Subject: DMCA Request

Upon receipt of the written notification containing the information as outlined above, we will:

  • remove or disable access to the content that is alleged to be infringing;
  • forward the written notification to the alleged infringer; and
  • take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA INFRINGEMENT COUNTER NOTIFICATION

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from us, the alleged infringer will have the opportunity to respond to us with a counter notification (“Counter Notification”).  To be effective, a Counter Notification must be a written communication provided to our Designated Agent, and if you are submitting a Counter Notification, it must include the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • A statement that under penalty of perjury the material was removed by mistake or misidentification; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, or any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of an agent of such person.

Upon the Designated Agent’s receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled, and we will comply with this requirement as required by law, provided that the Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

MISCELLANEOUS

The Terms of Use, together with our Privacy Policy, constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings between you and us with respect to such subject matter. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. Neither the course of conduct between the parties nor any trade practice shall act to modify any of these Terms of Use.  Some people and entities who endorse our Services may receive consideration for their endorsement.

If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

CONTACT US

If you have any questions about these Terms of Use, please email us at [email protected] or write to us at P.O. Box 12630, San Diego, CA 92112.