Terms of Use Agreement
Welcome to AchieveSecurity.com (referred to as "Achieve Security", "we," "us," or
"our"). AchieveSecurity.com is part of Achieve Financial Security, LLC. Before you
begin to use the AchieveSecurity.com website ("Achieve Security Website"), please
take a moment to review this Terms of Use Agreement ("Agreement"). The Agreement
describes the terms and conditions applicable to your use of the Achieve Security
Website and the products and services provided through or in connection with the
Achieve Security Website (collectively, "Service"), which may be updated by Achieve
Security from time to time without notice to you. Achieve Security may also offer
other services that are governed by a different Terms of Service.
You must read and agree with all of the terms and conditions contained in this Agreement
and the Achieve Security Website Privacy Policy then in effect ("Privacy Policy"),
which is incorporated by reference, before you use the Service. By accessing the
Achieve Security Website, you agree to abide by the terms of use and Privacy Policy.
If you do not agree to be bound by the terms and conditions of this Agreement, you
may not use or access the Service.
Eligibility
Use of the services is limited to parties that lawfully can enter into and form
contracts under applicable law. For example, minors are not allowed to use the service.
Privacy
Achieve Security respects your privacy. Use of our Site is also subject to the Terms
and Conditions of our Privacy Policy. See AchieveSecurity.com's
privacy policy for additional information regarding your privacy on this website.
If you have questions about these Terms of Use of the Privacy Policy please e-mail
to clientservices@achievesecurity.com.
Contents and Linking
All material that appears on this website is for general informational purposes
only. While we try to ensure that any information we post to this website is both
timely and accurate, errors may appear from time to time. This website may not be
updated daily, and certain information may not be the most current information available.
Though we may post follow-up information and reports, and may continue to provide
access to the original information and reports, as in an archive of news stories,
for example, we may not go back and change the original report to reflect new developments.
If you're looking for the most recent information on a given subject be sure you're
not looking at an out of date report. Before you act on information you've found
on our website, you should independently confirm any facts that are important to
your decision.
Achieve Security is not responsible for, and cannot guarantee the performance of,
any products and services provided by any advertisers or others to whose sites we
link. A link to another website does not constitute an endorsement of that site
(nor of any product, service or other material offered on that site) by Achieve
Security or its licensors.
Although we make this website freely accessible, we don't intend to give up our
rights, or anyone else's rights, to the materials appearing on the website. The
materials available through this website are the property of Achieve Security or
its licensors, and are protected by copyright, trademark and other intellectual
property laws. Except for the limited licenses expressly granted to you in this
agreement, Achieve Security and its licensors expressly reserve all other rights
and licenses. You are free to display and print for your personal, non-commercial
use information you receive through this website, but you may not otherwise reproduce
or modify any of the materials without the prior written consent of their owner.
You may not distribute copies of materials found on this website in any form (including
by e-mail or other electronic means), without prior written permission from their
owner. Of course, you are free to encourage others to access the information themselves
on this website and to tell them how to find it. Requests for permission to reproduce
or distribute materials found on this website should be sent to Achieve Financial
Security, LLC, 4500 Salisbury Road, Suite 340, Jacksonville, Florida 32216
We welcome links to the homepage of our website. You are free to establish a hypertext
link to the homepage of this site so long as the link does not state or imply any
affiliation, connection, sponsorship, or approval of your site by Achieve Security.
We do not permit framing or inline linking to our website or any portion of it.
Trademark and Patent Information
Achieve Security and its trademarks and service marks, logos and product and service
names and phrases which Achieve Security now claims or may claim in the future are
trademarks of Achieve Security (the "Achieve Security marks"). You agree not to
display or use the Achieve Security marks in any manner, without Achieve Security's
prior written permission.
Violations
You should report any violations of the Agreement to
clientservices@achievesecurity.com.
Submissions and Postings; Disclosure
You are solely responsible for any information that you submit or post on this website.
By using this website you agree not to submit, post or transmit any defamatory,
abusive, obscene, threatening or illegal material, or any other material that infringes
on the ability of others to enjoy this website or that infringes on the rights of
others. We retain the right to deny access to anyone who we believe has violated
these terms or any other term of this agreement.
We reserve the right (but assume no obligation) to monitor, delete, move, or edit
any submissions or postings that come to our attention that we consider unacceptable
or inappropriate, whether for legal or other reasons. We will comply with all requirements
of the law regarding disclosure of any submissions or postings on this website to
others, including to law enforcement agencies and parties making civil legal requests.
We will also comply with any other requirements of the law regarding disclosure
of other aspects of your use of this website.
Termination
Achieve Security reserves the right at any time to terminate your use of this website
if you fail to comply in full with any term of this agreement, or any other terms,
agreements, or policies that apply to this website and the use of it.
Indemnification
You agree to indemnify, defend, and hold harmless Achieve Security (including its
parents, subsidiaries, and affiliates and all of their respective officers, directors,
employees, agents, licensors, suppliers and any third-party information providers)
against all claims, losses, expenses, damages and costs (including reasonable attorney
fees) resulting from any breach of this agreement or unauthorized use of this website.
Your indemnification obligation shall survive the termination of this agreement.
At our expense and election, we reserve the right to assume the exclusive defense
and control of any matter subject to indemnification by you and you agree to cooperate
with Achieve Security in connection with our defense.
Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER
OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT
HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS,
DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU
RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT
YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."
ACHIEVE SECURITY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO
THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR
THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL ACHIEVE SECURITY (INCLUDING ITS PARENTS, SUBSIDIARIES,
AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES,
EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE
FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND
OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, THE LIABILITY OF ACHIEVE SECURITY AND ITS AGENTS AND LICENSORS IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY
OF ACHIEVE SECURITY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY
CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACHIEVE SECURITY
FOR THE USE OF THE WEBSITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations may not apply to you. To the extent a court determines
any provisions in this Agreement to be unenforceable; such a determination shall
not affect the validity of the remaining terms of this Agreement, which shall remain
in full force and effect.
Arbitration and Applicable Law
By visiting and/or using the Achieve Security Website form within the United States,
you agree that the laws of the State of Florida, without regard to principles of
conflict of laws, will govern this Agreement and any dispute of any sort that might
arise between you and Achieve Security or its affiliates.
IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT
OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION
OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF
THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN JACKSONVILLE,
FLORIDA OR IN THE COUNTY IN WHICH THE CONSUMER RESIDES, IN ACCORDANCE WITH THE LAWS
OF THE STATE OF FLORIDA FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN FORIDA.
THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") PURSUANT TO ITS RULES AND PROCEDURES AND AN ARBITRATOR SHALL
BE SELECTED BY THE AAA. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL
COMPLY WITH THE AAA CODE OF ETHICS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE
FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD
MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE
PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THE INJURED
PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER
PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS
OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES SHALL SHARE THE COST OF ARBITRATION,
INCLUDING ATTORNEYS FEES, EQUALLY. IF THE CONSUMERS SHARE OF THE COST IS GREATER
THAN $1,000.00 (ONE-THOUSAND DOLLARS), THE COMPANY WILL PAY THE CONSUMERS SHARE
OF COSTS IN EXCESS OF THAT AMOUNT.
IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES
THE ARBITRATOR'S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR'S AWARD, THE OTHER
PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY'S FEE FOR HAVING
TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.
Special Admonitions for International Use
Recognizing the global nature of the internet, if you use our site from locations
outside of the United States, you agree and are responsible for compliance with
any applicable local laws. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United States
or the country in which you reside. These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the Florida, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction. To the extent
you have in any manner violated or threatened to violate Achieve Security and/or
its affiliate's intellectual property rights, Achieve Security and/or its affiliates
may seek injunctive or other appropriate relief in any state or federal court in
the State of Florida , and you consent to exclusive jurisdiction and venue in such
courts.
Additional Dispute Resolution
Any other Disputes will be Resolved as Follows:
If a dispute arises under this agreement, we agree to first try to resolve it with
the help of a mutually agreed upon mediator in the following location: Jacksonville,
Florida . Any costs and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the following location:
Jacksonville, Florida, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
By using this website, you agree to abide by this Terms of Use Agreement.
Notice
We may periodically change the Terms of Use and the Site without notice, and you
are responsible for checking these Terms of Use periodically for revisions. All
amended Terms of Use become effective upon our posting to the Site, and any use
of the site after such revisions have been posted signifies your consent to the
changes.
Changes to Terms of Use
In the event our company goes through a business transition, such as a merger, acquisition
by another company, or sale of all or a portion of its assets, your personally identifiable
information will likely be among the assets transferred. You will be notified via
e-mail and/or a prominent notice on our Website for 30 days of any such change in
ownership or control of your personal information.
No Resale of Service
Unless expressly permitted in writing by Achieve Security, you agree not to reproduce,
copy, sell, resell or otherwise exploit for any commercial purposes, any portion
of the service, use of the service, or access to the service.