Ackert Inc. Terms and Conditions of Use
Effective Date: May 11, 2021

These Terms and Conditions of Use are between you and Ackert Inc. and its corporate affiliates (collectively, “us”, “we,” “Ackert Inc.,” or “the Company”), with a principal place of business at PO Box 261728, Encino, CA 91426 for the use of the ackertinc.com, pipelineplus.com, practiceviewer.com, and all related websites and portals owned and controlled by the Company (including any successor URLs) (collectively referred to as “the “Website”).  The terms and conditions set forth in this Agreement along with our Privacy Policy (as well as any additional agreements that are required pursuant to your use of the Website such as a Master License Agreement when signing up for certain software services) constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. If applicable pursuant to your use of certain software services and there is any conflict between these Terms of Use and the Master License Agreement, the terms of the Master License Agreement (which are available upon advance written request) shall prevail. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand, and agree to be bound by these Terms and Conditions of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use. These Terms of Use constitute a legally binding agreement between you and Ackert Inc. and you should read them carefully. By agreeing to these Terms, you also agree to our Privacy Policy, which is expressly incorporated by reference herein.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCTS THROUGH THE WEBSITE.

License To Use Site

The Website is designed to provide its subscribers with professional business development education services and resources.  You may use the Website solely for personal and non-commercial purposes.  Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always solely and exclusively with the Company.  Your right to use the Website is not transferable.  You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

When you or your firm purchases PipelinePlus content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner other than as specifically permitted in advance in writing by the Company. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.

Subscriber Eligibility

You acknowledge that you are 18 years of age or the applicable legal age of majority or older. Children under the age of 18 are not eligible to subscribe and are not allowed to visit or otherwise use our Website.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy.

Certain Account and Password Obligations

When you register as a Subscriber on ackertinc.com, pipelineplus.com, or practiceviewer.com, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.

 You agree to notify the Company immediately if you suspect any unauthorized use of your account or loss, theft, access to, or unauthorized use your password. You are solely responsible for any and all use of your account and you agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access).  Your username and password are not transferable.

Credit Card Payments

If you provide a credit card for payment purposes, you hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company.  You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal.  Questions regarding charges must be brought to the attention of the Company within sixty (60) days after the end of the questioned billing period.  Charges beyond sixty (60) days old are not subject to review.  Once purchased by you, products are non-refundable, except at the Company’s sole discretion.

User Conduct

You understand and agree that the Website is available for your personal, non-commercial use only.  You represent, warrant, and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.  In addition, you agree not to use the Website to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users; or
  • Solicit money from others.

What You Agree To Do And Not Do

In addition, you agree to access or use the Website solely for legal purposes as allowed by these Terms of Use. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Company Content for any commercial, political, obscene, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to terminate your access to the Website for any or no reason. By accessing or otherwise in any way using the Website and the Website’s functionality you amongst other things, represent and warrant as applicable that:

• you have all necessary legal capacity, right, power, and authority to enter into and be bound by these Terms of Use;

• you will not hack into the Website, or modify another website so as to falsely imply that it is associated or affiliated with the Website;

• you will only access and use the Website for legal purposes and you may not use our products or Website contents for any illegal or unauthorized purpose;

• you will not damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;

• you are 18 years of age or the age of majority or older;

• you will only have one (1) account;

• you are not restricted from using the Website;

• you have the legal right to use the payment method provided;

• you will provide all required information and complete all required aspects of the account registration process;

• all information you provide to us in connection with such account and/or registration is true, accurate, and complete and your real name is used on your account registration;

• you will keep your password and account information secure;

• you will abide by our requirements, including, but not limited to, these Terms of Use;

• you will comply with any applicable third-party terms of agreement when using the Website (e.g. you must ensure your use of the Website is not in violation of your internet access provider’s service agreement or the applicable third-party entities that you may use for log-in to your account);

• you will abide by all applicable laws, rules, regulations, statutes, codes, and governmental orders (“Laws”) when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Website and use of the products and Website (including, but not limited to, trademark and copyright Laws); and

• you will not access or attempt to access any password-protected, secure, or non-public areas of the Website without our express permission.

Confidentiality

To the extent that you participate in any services provided by Ackert that include any third parties, such as coaching calls or group trainings, you agree that any private information disclosed by any participant including, without limitation, business plans, clients or targets, or personal information, is confidential and may not be disclosed or discussed with any third parties outside of the service being provided.

Copyright and Trademark

All content on the Website, and all products sold on the Website, including, but not limited to, design, text, graphics, images, button icons, technology, software, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright and other intellectual property Laws.  All rights are reserved.  No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.  Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation, Ackert Inc., PipelinePlus, and associated logos.

Copyright Infringement Policy

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users or subscribers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: PO Box 261728, Encino, CA 91426 Attn: Copyright Agent.  The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Subscriber Content

The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “Subscriber Content”). You are solely responsible for the Subscriber Content that you post on or through the Website or otherwise submit to the Company, through the Website or otherwise.  You understand and agree that the Company may review and delete or remove any Subscriber Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of users, subscribers, the Company or others.

By posting Subscriber Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such Subscriber Content and to prepare derivative works of, or incorporate into other works, such Subscriber Content, in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that your Subscriber Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of  any rights in such Subscriber Content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You understand that all Subscriber Content is the sole responsibility of the person from whom such Subscriber Content originated, and that the Company does not control, and is not responsible for Subscriber Content made available through the Website, and that by using the Website, you may be exposed to Subscriber Content that is inaccurate, misleading, incomplete, or otherwise objectionable.  Subscriber Content does not necessarily represent the views of, nor should it be construed as an endorsement by, the Company.  You agree that you must evaluate, and bear all risks associated with, the use of any Subscriber Content, and that under no circumstances will the Company be liable in any way for any Subscriber Content or for any loss or damage of any kind incurred as a result of the use of any Subscriber Content posted or otherwise made available via the Website. If you do not want us to use your Subscriber Content, please do not post or submit it to the Website.  You may encounter Company Content or Subscriber Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such Company Content or Subscriber Content.  You acknowledge that the Company does not pre-screen, monitor or approve Subscriber Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Subscriber Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason.  The Company shall have no obligation to resolve disputes among users or subscribers or monitor the accuracy or proper use of any Subscriber Content.

Content Disclaimer

You acknowledge that all content contained on this Website is for informational purposes only. The Company makes no claims and/or guarantees as to the effectiveness of the information contained herein.  The content is not intended to be a substitute for professional legal, accounting or financial services advice.  Always seek the advice of a qualified professional with any questions you may have regarding your finances, or any other information that is either contained in or referred to on the Website. Never disregard professional advice due to anything you have read on this Website.

The Company does not recommend, guarantee, test or endorse any third-party procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company.  Reliance on any third-party information posted on this Website, including without limitation Subscriber Content, is solely at your own risk.

The Website may feature interviews, information or other content from professionals.   The Company does not ensure the accuracy or endorse the conduct of these professionals. Any third-party content, products, information, or services posted on, transmitted through, or linked from the Website are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, OR SERVICES.

Without in any way intending to revise or limit the foregoing, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of professionals on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to among other things, product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Website is void where prohibited.

All features, specifications, information, links, and other information if and as described on our Website are subject to change at any time, without notice. There may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third-party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Website or third-party websites linked to.

Additional Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided “AS IS, AS AVAILABLE” and without warranties of any kind with respect to its fitness for a particular purpose, non-infringement, security, correctness, accuracy, reliability or otherwise.  ASIDE FROM THE COMPANY’S USE OF COMMERCIALLY REASONABLE MEANS, THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the exclusions herein may not apply to you.

The terms of this section shall survive any termination of these Terms of Use.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, PRODUCTS, THE COMPANY CONTENT, AND SUBSCRIBER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY,  THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS, OR other intangible losses, resulting from (i) YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK THEREOF), OR EXPLOITATION OF THE WEBSITE, PRODUCTS, THE MATERIALS OR ANY PART THEREOF; (II) your access to or use of or inability to access or use the WEBSite; (iIi) any conduct or content of any third party on the WEBSite; (iV) any content obtained from the WEBSite; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST SUBSCRIBER. NOTWITHSTANDING THE LIMITATIONS ABOVE, UNDER NO CIRCUMSTANCES SHALL COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER EXCEED THE PRICE PAID BY SUBSCRIBER FOR SUCH PRODUCT OR SERVICE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the exclusions herein may not apply to you.

The terms of this section shall survive any termination of these Terms of Use.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in accordance with theDispute Resolution by Binding Arbitration and Class Action Waiver Section herein or an appropriate court located in Los Angeles, California.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or (if proper) a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Indemnification

Subscriber shall indemnify, defend, and hold harmless the Company and its affiliates and its and their employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) user or subscriber’s violation of these Terms of Use; (b) Subscriber Content posted by subscriber; (c) user or subscriber’s use of any products or information obtained via the Website, (d) user’s or subscriber’s failure to comply with any applicable Laws, or (e) user ‘s or subscriber’s negligent act or omission, or willful misconduct.  The Company will provide user or subscriber with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at user’s or subscriber’s expense to settle and/or defend any such claim.  Notwithstanding the foregoing, user or subscriber shall not settle any such claim, suit or proceeding without the written consent of the Company, which shall not be unreasonably withheld.

Remedies

In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms of Use, we may immediately terminate these Terms of Use and pursue legal action and/or equitable injunctions in order to compensate us for all injuries caused by such breach.  You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms of Use. 

Equitable Remedies

You hereby agree that if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that the Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms of Use, in addition to any other available remedies.  You hereby expressly waive all rights to injunctive relief.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to your visit to, or use of, the Website, the products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.  If a Dispute arises under this Agreement, you agree to contact us at info@ackertinc.com (email). Before formally submitting a Dispute to arbitration, you and the Company may choose to informally resolve the Dispute.  If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or the Company may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.  Except as may be required by Law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.  We will pay all of the filing costs.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; or (iv) interactions with governmental and regulatory authorities.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable Law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.  You shall have thirty (30) days from the date that you purchase a product or provide information to the Website to opt-out of this arbitration agreement.  To opt out of arbitration you must contact us in writing at info@ackertinc.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the Website, you are not eligible to opt out of arbitration with respect to claims relating to the Website.

Termination

The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Notices

Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Ackert Inc., PO Box 261728, Encino, CA 91426.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement

This Agreement and our Privacy Policy (as well as any additional agreements that are required pursuant to your use of the Website such as a Master License Agreement when signing up for certain software services) contain the entire agreement between you and the Company with respect to the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. If you or your firm have entered into a Master License Agreement with the Company, then to the extent that there is any conflict with these Standard Terms, the Master License Agreement provisions prevail. Any rights not expressly granted herein are reserved. 

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Contact Us

For any questions or comments, or to report violations of this Agreement, contact the Company at: Ackert Inc., PO Box 261728, Encino, CA 91426, ATTN: Terms of Use Agreement.

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