Terms of Use

(Last Updated October 13, 2001)

THE FOLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "Users") AND ACNT ("ACNT"). THESE TERMS AND CONDITIONS (THIS "AGREEMENT") GOVERN THE USE OF THE ACNT WEB SITE (THE " Site"). BY USING THE WEB SITE, USERS AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THIS AGREEMENT. ACNT RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME IN ITS SOLE DISCRETION. USERS' USE OF THE SITE AFTER SUCH CHANGES ARE POSTED TO THE SITE CONSTITUTES THE USERS ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THIS AGREEMENT REGULARLY.

Scope. This Agreement governs the Users' use of the Site. This Agreement, however, does not apply to ACNT's products or services, which are the subject of separate agreements.

Usage Rights. Users have a nonexclusive, nontransferable, limited, revocable right to use the Site solely for their informational use in evaluating ACNT and its products and services. Users may not use the Site for any other purpose without ACNT's express prior written consent, including, without limitation, any commercial purpose. For example, Users may not and may not authorize any other person or entity ("Person") to (i) frame the Site or any portion thereof (whereby the Site or a portion thereof will appear on a user's screen with a portion of another Web site, or with content or advertising of any Person without ACNT's consent), or (ii) Co-brand the Site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a visitor of the Web site the impression that such the Person is associated or affiliated with ACNT, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. In addition, Users may not and may not authorize any Person to link to any part of the Site without ACNT's prior written consent. Users agree to cooperate with ACNT in causing any unauthorized framing, Co-branding, linking, or similar activity to immediately cease. Users may not take any action that violates our Acceptable Use Policy.

Proprietary Information. Users acknowledge and agree that as between ACNT and Users, ACNT is the owner of all right, title and interest in the Site and all content accessible within the Site (the "Site's Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. Users will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Site or the Site's Content, without the express written consent of ACNT, other than limited printed copies of materials that Users may need for Users' own use and that contains all of ACNT's copyright and other notices.

Disclaimer. Users will have access to a variety of third-party sources of content through the use of the Site and the Internet. ACNT has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site that Users' can link to from the Site. Accordingly, ACNT has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Site. Users acknowledge and agree that any access, use or reliance on any such third party content is at Users' own risk. Users understand that, except for information, products or services clearly identified as being supplied by ACNT, ACNT does not operate, control or endorse any information, products or services of any other Person on the Site or the Internet in any way. Users also understand and agree that ACNT does not guarantee or warrant that files available for downloading from the Site or through the Internet will be free of infection or viruses, worms, Trojans or other malicious code that may adversely effect Users, Users' computer or computer systems, or Users' data or files. In addition, Users are responsible for implementing sufficient procedures and checkpoints to satisfy Users' particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. ACCESS TO AND USERS' USE OF THE SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." ACNT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO USERS' USE OF THE SITE OR THE SITE'S CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND ACNT HEREBY DISCLAIMS THE SAME.

Privacy Policy. ACNT collects, stores and uses data collected from Users in accordance with ACNT's Privacy Policy.

Liability Limitation. ACNT, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ACNT AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO USERS OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO ACNT TO USE THE SITE AS PROVIDED IN THIS AGREEMENT FOR THE APPLICABLE SITE'S CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity. Users will indemnify and hold ACNT, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Users' breach of any of this Agreement or any other terms, conditions, policies or procedures contained on the Site, including, without limitation, any use of Site's Content other than as expressly authorized in this Agreement. Users agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Users agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. Users will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Users' use of the information accessed from the Site.

Trademarks. ACNT® is a registered trademark, and the ACNT logo and other ACNT marks appearing on the Site are either registered or unregistered trademarks of ACNT. Other trademarks, service marks and logos appearing in this Site are the property of either ACNT, its content providers or other third parties. ACNT, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.

Miscellaneous.

a) Captions, All captions and headings to the sections and subsections of this Agreement have been inserted for convenience of reference only and shall not be construed as a part hereof.

b) Governing Law and Jurisdiction, The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Nevada, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THIS AGREEMENT, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF ACNT REGARDING USE OF THE Site, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN CLARK COUNTY, NEVADA, AND USERS HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH USERS MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

c) Entire Agreement; Amendments. This Agreement, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.

d) Severability. If any clause or provision of this Agreement is determined by a court of competent jurisdiction to be void, invalid, illegal or otherwise unenforceable under any present or future law effective during the term hereof, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

e) Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. ACNT failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision, nor shall any single or partial exercise of any right or remedy by ACNT preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by ACNT to any breach of or default in any of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.