Accela, Inc. – Terms and Conditions of Use
Content License: Some trademarks, service marks, logos, or content are owned by third parties (“Third Party Content”) and are used on this Site with those parties’ permission or otherwise in accordance with applicable laws. With respect to Third Party Content, Accela makes no claims of ownership and has endeavored to properly attribute ownership of Third Party Content where such attribution is appropriate. Accela retains full ownership in its own proprietary content and grants to you a limited, nonexclusive license for informational, non-commercial use of such content, provided you abide by these Terms. Except as may be allowed by copyright “fair use” provisions, you are not permitted to modify, distribute, publish, transmit, or create derivative works of any material found on this Site for any commercial purposes. Elements of this Site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or part. Portions of this Site may be restricted to password-authorized users; unauthorized access to such portions of this Site will be prosecuted to the fullest extent of applicable laws. No logo, graphic, or image from this Site may be copied unless expressly permitted by Accela. Any rights not expressly granted herein by Accela are reserved to Accela.
Export Compliance and Legal Enforcement: Information on this Site is subject to United States export control laws. You may not access, download, use, or export this Site, any portion thereof, or item provided therein in violation of United States export control laws or in violation of any other applicable laws or regulations. All matters relating to your access to and use of this Site will be governed by the federal laws of the United states or the laws of the State of California. Any legal action or proceeding relating to your access to or use of this Site will be instituted in the United States District Court for the Northern District of California or in the Superior Court of California in the County of Santa Clara. You agree to submit to the jurisdiction of and agree that venue is proper in these courts for any such legal action.
Remedies for Violation: You agree that Accela, at any time and in its sole discretion, may terminate or block your access to this Site or any portion thereof. Accela reserves its rights to seek all remedies available to in law and equity for any violation of these Terms. In addition to and not in lieu of these rights, Accela may terminate any user accounts you may have in connection with this Site. The failure of Accela to object to a breach of these Terms will not prevent Accela from thereafter objecting to that breach or any other breach of these Terms. You agree to defend, indemnify, and hold harmless Accela, its officers, directors, employees, and contractors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising from or in any manner associated to your access to or use of this Site.
General Disclaimer: Although Accela has attempted to provide accurate information on this Site, Accela assumes no responsibility for the accuracy of such information. ACCELA WILL NOT BE LIABLE FOR ANY DAMAGES TO COMPUTER EQUIPMENT OR FOR DATA LOSS RESULTING FROM YOUR USE OF ANY CONTENT, MATERIALS, OR INFORMATION FROM THIS SITE. Accela may change the products or services described on this Site at any time and without notice. References to non-Accela products or services are for informational purposes only and constitute neither endorsements nor recommendations of such products or services. ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ACCELA DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT NECESSARILY LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ACCELA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING FROM THE USE OR INABILITY TO USE THE SITE OR ANY ACCELA PRODUCT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION ON THE SITE, EVEN IF ACCELA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Site may contain hyperlinks to third-party web sites. Your use of any other web site linked to this Site is at your own risk and Accela is responsible for neither the accuracy nor reliability of any information on such other web sites. Accela provides links to third-party web sites merely as a convenience and the inclusion of such links constitutes neither endorsements nor recommendations of such information, products, or services as may be described at such web sites.
Privacy: Accela may monitor activity on this Site to ensure that you and other users comply with these Terms. Accela does not gather personal information about you except such personal information as you may voluntarily provide to Accela. Accela uses such information to provide information concerning our products and services to you and to inform you of other products and services which may be of interest to you. All personal information is protected by Accela as confidential information; Accela uses a reasonable degree of care to protect such information and discloses such information to its employees or to agents under its control and direction only in the normal course of its business and only on a need-to-know basis. Accela does not currently sell, rent, or trade personal information it receives to other parties. If Accela elects to change this policy in the future, such change will not affect or apply to personal information received prior to the effective date of the change. Notwithstanding, Accela may release personal information when Accela believes in good faith that such release is reasonably necessary to a) comply with applicable laws; b) enforce these Terms or the terms of Accela’s intellectual property licenses and agreements; or c) protect the rights, property, or safety of Accela or others. Accela may provide aggregate statistics containing no personally-identifiable information to third parties. Accela may use “cookies” (small data files written to your computer’s hard drive) to provide tailored information to you, track traffic patterns at this Site, or for other purposes; such cookies will not contain any personally-identifiable information. Most web browsing software permits you to accept or reject cookies; although your ability to access some portions of this Site may be inhibited if you do not accept cookies, your license to access this Site is not contingent on your acceptance of cookies.
Any roadmap information provided herein is not a commitment or legal obligation to deliver any of the features or functionality described herein in relation to future versions of planned system enhancements or future product direction.
Questions concerning these Terms should be directed to Colin Samuels, Accela’s Assistant General Counsel.
Revised March 17, 2011. ©2002-2011 Accela, Inc. All rights reserved.