TERMS AND CONDITIONS OF WEBSITE USE

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THIS WEBSITE IS MANAGED BY ACCUMULATOR OPERATIONS LLC (REFERRED TO HEREINAFTER AS "ACCUMULATOR"). ACCESS TO THE WEBSITE IS AVAILABLE AT https://accumulator.co/.

YOUR ACCESS TO AND USE OF THE WEBSITE ARE GOVERNED BY THESE TERMS AND CONDITIONS OF USE, ALONG WITH OUR PRIVACY POLICY AND ANY OTHER LEGAL DOCUMENTS PUBLISHED ON THIS SITE. PLEASE BE AWARE THAT THE SERVICES OFFERED BY ACCUMULATOR ARE SUBJECT TO SEPARATE AGREEMENTS AND DISTINCT TERMS AND CONDITIONS OF SERVICE.

IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS OF USE THOROUGHLY BEFORE USING THE WEBSITE.

1. Introduction

1.1 These Terms of Use regulate your access to and usage of our website.

1.2 By accessing or using our website, you agree to be bound by these Terms of Use. If you do not accept these terms, you must not use our website.

1.3 When you register on our website, submit any content, or engage with our services, you are required to formally accept these Terms of Use.

1.4 You must be at least 18 years old to use our website. By using our website, you affirm and warrant that you meet this age requirement.

2. Copyright notice

2.1 Copyright (c) 2024 Accumulator Operations LLC. All rights reserved.

2.2 Except as expressly stated in these Terms of Use:

(a) We, along with our licensors, hold all copyright and intellectual property rights to the website and the content displayed on it

(b) All copyrights and intellectual property rights in the website and its content are fully reserved.

3. Permission to use the website

3.1 You are permitted to:

(a) View pages from our website in your web browser;

(b) Download pages from our website for caching in your web browser;

(c) Print pages from our website for personal, non-commercial use, provided such printing is not excessive or systematic;

(d) Stream audio and video files from our website through the media player on our site; and

(e) Use our website services via a web browser, subject to the conditions outlined in these terms.

3.2 Except as explicitly permitted by Section 3.1 or other provisions of these terms, you must not download or save any content from our website to your device.

3.3 The website is to be used solely for legitimate business purposes; any other use is strictly prohibited.

3.4 You must not alter or modify any content on our website unless explicitly authorized by these terms and conditions.

3.5 Unless you own or control the rights to the material, you must not:

(a) Republish material from our website, including on another website;

(b) Sell, lease, or sub-license material from our website;

(c) Display any material from our website in public;

(d) Use material from our website for any commercial purposes; or

(e) Distribute material from our website.

3.6 Notwithstanding the restrictions in Section 3.5, you are permitted to share our newsletter in both print and electronic forms, provided such sharing complies with all relevant laws, including privacy regulations.

3.7 We reserve the right to suspend or limit access to our website, specific sections of the website, or its features. This may occur during periods of server maintenance or website updates. You are prohibited from attempting to bypass or circumvent any access restrictions on the website.

4. Feeds

4.1 You may access our RSS and Atom feeds using any compatible feed reader or aggregator.

4.2 By using our feeds, you agree to comply with these terms and conditions.

4.3 With your acceptance of these terms and conditions, we provide you with a non-exclusive, non-transferable, and non-sublicensable license to display the content from our feeds unmodified on any non-commercial website that you own and manage. You are prohibited from merging our feed content with any third-party feeds under this license.

4.4 As part of this license, you must correctly attribute us and include a hyperlink to our website on every webpage where our feed content is shown. The format of the attribution and hyperlink should follow our specifications, or if not specified, should be in a generally acceptable format.

4.5 We retain the right to terminate any license concerning our feeds or feed content at any time, with or without prior notice.

5. Social media platforms

5.1 Our website may offer features that allow users to engage directly with various social media platforms, such as Facebook, Instagram, X (formerly Twitter), YouTube, LinkedIn, and others.

5.2 By using the social media features on our website, you can:

(a) Share content or data from our website; and

(b) Like or upvote content from our website.

5.3 You acknowledge that your interaction with social media platforms is governed by the terms and conditions of the respective platform operators, and that any personal data transferred to these platforms will be handled according to their privacy policies.

5.4 We are not responsible for any loss or damage resulting from:

(a) Your use of any social media platform; and

(b) Any actions or inactions of the operators of these social media platforms.

5.5 When you utilize social media features on our website or access pages that integrate these features, the social media platforms may collect information about you and your interactions with our website, including through the use of cookies. For detailed information about these cookies and how personal data is used by us and the platforms, please refer to our privacy and cookies policy.

6. Misuse of website

6.1 Prohibited Actions:

(a) You are prohibited from using our website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website;

(b) You must not engage in any activity that is illegal, fraudulent, or detrimental to others while using our website;

(c) Unauthorized attempts to modify or interfere with the website, including hacking, are strictly forbidden;

(d) Do not attempt to probe, scan, or test the vulnerability of our website without explicit permission from us;

(e) Avoid bypassing or attempting to bypass any measures we have put in place to secure the website;

(f) Do not use our website to disseminate malware or host, transmit, or distribute harmful or illegal content;

(g) Refrain from imposing an excessive strain on the website’s infrastructure, including its bandwidth, storage, and processing capabilities;

(h) Intercepting or decrypting transmissions to or from the website without authorization is prohibited;

(i) Automated data collection or extraction on our website, including scraping and data mining, is forbidden without our express written permission;

(j) Accessing the website via automated devices, such as robots or spiders, is permitted only for purposes of search engine indexing;

(k) Users must interact with the website through the designated public interfaces provided;

(l) It is prohibited to use data obtained from our website for any form of direct marketing, such as email, SMS, telemarketing, or direct mail campaigns;

(m) You must not engage in any action that disrupts the normal operations of the website.

6.2 Do not use data obtained from our website to contact individuals, organizations, or other entities without authorization.

6.3 Ensure that all information you provide to us through our website is accurate, complete, and up-to-date.

7. Report abuse

7.1 Please notify us if you discover any illegal content or activities on our website, or any content or activities that violate these Terms and Conditions.

7.2 You can report such issues to us via contact information available on our website.

8. LIMITED WARRANTIES

8.1 WE DO NOT WARRANT OR REPRESENT:

(A) THAT THE INFORMATION PUBLISHED ON OUR WEBSITE IS COMPLETE OR ACCURATE;

(B) THAT THE CONTENT ON THE WEBSITE IS CURRENT;

(C) THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; OR

(D) THAT THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE WILL ALWAYS BE AVAILABLE.

8.2 WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE ANY OR ALL SERVICES ON OUR WEBSITE, OR TO CEASE PUBLISHING THE WEBSITE ENTIRELY AT ANY TIME AT OUR SOLE DISCRETION WITHOUT PRIOR NOTICE OR EXPLANATION. UNLESS OTHERWISE STATED IN THESE TERMS AND CONDITIONS, YOU ARE NOT ENTITLED TO ANY COMPENSATION OR PAYMENT UPON THE DISCONTINUATION OR MODIFICATION OF ANY SERVICES, OR IF WE CEASE PUBLISHING THE WEBSITE.

8.3 TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS CONCERNING THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, THE WEBSITE, AND THE USE OF OUR WEBSITE.

9. LIMITATIONS AND EXCLUSIONS OF LIABILITY

9.1 NOTHING IN THESE TERMS AND CONDITIONS WILL:

(A) LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;

(B) LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION;

(C) RESTRICT ANY LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR

(D) EXCLUDE ANY LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

9.2 THE LIMITATIONS AND EXCLUSIONS OF LIABILITY OUTLINED IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS: 

(A) ARE SUBJECT TO THIS SECTION; AND

(B) APPLY TO ALL LIABILITIES ARISING UNDER THESE TERMS AND CONDITIONS, OR RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), AND FOR BREACH OF STATUTORY DUTY, UNLESS EXPLICITLY STATED OTHERWISE IN THESE TERMS AND CONDITIONS.

9.3 AS LONG AS OUR WEBSITE AND THE INFORMATION AND SERVICES ON IT ARE PROVIDED WITHOUT CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND.

9.4 WE WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL.

9.5 WE WILL NOT BE LIABLE FOR ANY BUSINESS LOSSES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES, OR GOODWILL.

9.6 WE WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, DATABASES, OR SOFTWARE.

9.7 WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE.

9.8 YOU ACKNOWLEDGE THAT WE HAVE AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF OUR OFFICERS AND EMPLOYEES. GIVEN THIS INTEREST, YOU AGREE NOT TO HOLD OUR OFFICERS OR EMPLOYEES PERSONALLY LIABLE FOR ANY LOSSES YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THESE TERMS AND CONDITIONS. THIS DOES NOT LIMIT OR EXCLUDE THE LIABILITY OF THE LIMITED LIABILITY ENTITY ITSELF FOR THE ACTS AND OMISSIONS OF OUR OFFICERS AND EMPLOYEES.

10. INDEMNITY

10.1 YOU COMMIT TO DEFEND AND PROTECT US FROM ANY LIABILITIES, DAMAGES, EXPENSES, DEBTS, AND COSTS (THIS INCLUDES LEGAL FEES AND PAYMENTS MADE TO SETTLE DISPUTES WITH THIRD PARTIES) THAT ARISE DUE TO YOUR ACTIONS ON OUR WEBSITE OR FROM ANY VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU.

11. Breaches of these terms and conditions

11.1 Without limiting our other rights outlined in these Terms and Conditions, if you violate these terms or if we believe you have violated these terms, we reserve the right to take the following actions: 

(a) Issue one or more formal warnings to you;

(b) Temporarily restrict your access to our website;

(c) Permanently ban you from using our website;

(d) Prevent any computer using your IP address from accessing our website;

(e) Contact your internet service providers to request that they block your access to our website;

(f) Initiate legal proceedings against you, which may include actions for breach of contract or other claims.

11.2 In instances where we suspend, prohibit, or block your access to our website or any part of it, you must not attempt to bypass these restrictions in any way, such as by creating or using an alternative account.

12. Third party websites

12.1 Our website may contain hyperlinks to websites owned and operated by third parties; these links are not endorsements.

12.2 We do not oversee these third-party websites and their content. As outlined in these Terms, we are not liable for them or any loss or damage that may occur from your interactions with them.

13. Trademarks

13.1 The trademarks of Accumulator, including our logos and other registered and unregistered trademarks, are our property. Unauthorized use of these trademarks is prohibited and may infringe on our rights.

13.2 The trademarks and service marks belonging to third parties featured on our website are owned by their respective holders. Unless explicitly indicated in these Terms and Conditions, we do not endorse or have affiliations with these parties, and we are not authorized to grant licenses to use these trademarks.

14. Competitions

14.1 From time to time, we may conduct competitions, free prize draws, and other promotional activities on our website.

14.2 Each competition will be governed by its own set of terms and conditions, which will be provided to you as necessary.

15. Variation

15.1 We may update these Terms and Conditions periodically.

15.2 Any amendments will take effect immediately upon their posting on our website. By continuing to use the website after these updates, you waive any rights to receive specific notice of such changes.

15.3 If you have explicitly agreed to these Terms and Conditions, we will request your explicit consent to any updates. If you do not agree to the revised Terms and Conditions within the specified time, we may deactivate or delete your account, and you must cease using the website.

16. Assignment

16.1 We reserve the right to assign, transfer, subcontract, or handle our rights and obligations under these Terms and Conditions as we deem appropriate. 

16.2 You may not assign, transfer, subcontract, or manage any of your rights or obligations without obtaining our prior written consent. 

17. Severability

17.1 If any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court, the remaining provisions will remain in full effect.

17.2 Should any part of a provision be deemed unlawful or unenforceable, that part will be removed, and the remainder of the provision will continue to be valid and enforceable. 

18. Third party rights

18.1 These Terms and Conditions are solely for the benefit of you and us and are not designed to benefit any third party or be enforceable by any third party.

18.2 The parties' rights under these Terms and Conditions are not dependent on the approval of any third party.

19. Entire agreement

19.1 These Terms and Conditions, along with our Privacy Policy and Cookies Policy and any other documents we publish on our website, constitute the entire agreement between you and us regarding your use of our website, superseding all prior agreements.

20. Law and jurisdiction

20.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to its principles of conflict of laws.

20.2 Disputes arising in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the State of Florida, United States of America.

21. Our details

21.1 This website is owned and operated by Accumulator Operations LLC. Our correspondence address is 382 NE 191st Street, Suite 99105, Miami, FL 33179-3899, USA.

21.2 You can contact us directly through this website.