Terms of Use

Welcome, and thank you for your interest in www.acedboard.com (the "Website") owned and operated by Edala Solutions Corporation, a Delaware corporation, and hereafter referred to in these Terms of Service as Acedboard, us, our or we. Acedboard is a Software as a Service (“SaaS”) platform. Unless otherwise specified, all references to our services (the Service or Services) include the content and Services available through the Acedboard Website, as well as any software and technology, or Mobile Application that Acedboard makes available to you, which permits you to access our Services. The term user, you or your refers to the user of the Service, including visitors that do not register for an account or purchase any Services from Acedboard. For the avoidance of any doubt the following Terms of Service is a legally binding contract between Acedboard and any registered users or visitors that do not register for an account.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT

a. Acedboard is a project management and work collaboration SaaS platform that provides applications, tools and products allowing our users to flexibly and efficiently manage their projects, as well as collaborate with other users.

b. Acedboard reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in the Services and its components (including all software, technology and other intellectual property rights) will remain with, and belong exclusively to, Acedboard.

c. Any modifications and new features added to the Service are also subject to this Agreement.

a. Please read the following Terms of Service (the Terms or the Agreement) carefully before registering for an account or accessing or using any of the Services. Each time you access or use our Services, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms of Service, whether or not you have registered for an account with us. If you do not agree to be bound by all of these Terms you may not access or use our Service.

b. Acedboard may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website or our Services. If you continue using our Website and Services, you will be constructively deemed to have accepted the changes.

c. In addition, certain areas of the Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with these Terms of Service, the additional terms and conditions will control.

a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.

b. If you are using our Services on behalf of another party or company, you represent and warrant that you have authority to act on behalf of that other party or company, and to bind that party or company to this Agreement.

a. To access our Services through our Website or any Mobile Application we may provide to you now or in the future, you will be required to register for an account. Users may not register for more than one account, nor shall a user use a fictitious name to register for an account.

b. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, phone number, the name of your company, your business title, profile photo or other personal information). Some of this information may be of a personal and confidential nature and may include personal identifying information, or PII (all Your Information).

c. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.

d. Our collection, use and disclosure of Your Information are governed by this Agreement and our Privacy Policy (see section 5).

For information about Acedboard’s data protection practices and privacy policies, please read our Privacy Policy here. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with the Acedboard Privacy Policy

a. If you have been issued login credentials by Acedboard in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You may not register for more than one account. You, and not Acedboard, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Acedboard immediately.

b. Acedboard may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.

c. We reserve the right to modify, suspend or terminate the Service, your account or your access to the Service for any reason, without notice, at any time, and without liability to you.

d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you for our Services in these Terms will immediately cease.

e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.

Acedboard offers several automatically renewable and payable Subscription Plans for our users. The features, subscriber rights, terms and prices of these Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plans pricing page here (insert link to subscription pricing page or FAQ).

a. By completing your registration for a Subscription Plan, you authorize Acedboard or its secure third party payment processor to charge your payment method on a recurring basis (e.g. monthly, quarterly or annually) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with customer’s use of the Acedboard services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan.

b. By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and Acedboard (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.

c. You may cancel your Subscription Plan at any time, by logging into your account or emailing us at support@acedboard.com and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you may use your Subscription Plan until the end of your then-current paid-up subscription term.

d. Acedboard may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Acedboard reasonably could act.

e. In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about Acedboard, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

f. Subscription Plans are non-refundable.

g. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

Acedboard offers a free fifteen (15) day trial period. The trial period is limited to new users only. Following the expiration of your trial period, your continued usage of the Service will be subject to the then prevailing subscription service fee for the level of Service you are then using.

Your subscription order constitutes an offer to purchase a Subscription Plan and Services available on our platform. We reserve the right at any time to accept or decline any Subscription Plan order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Services is no longer available.

a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.

a. By providing Acedboard or our third party payment processor with your method of payment information, you authorize us to charge you for subscription purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

b. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.

c. You agree that we may charge you, and you will pay to Acedboard, any fee or penalty that is assessed or charged to us for a Chargeback resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.

a. Acedboard may limit, suspend or terminate the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.

b. Acedboard may also suspend providing the Services to you if we are investigating suspected misconduct by you. Acedboard will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.

c. If your account is limited, suspended or terminated you agree that Acedboard shall have no liability to you for any lost User Content (hereafter defined) or data associated with your account.

a. Your right to access and use our Services is for your internal business purposes or is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.

b. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

c. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

d. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.

e. Our Services may now, or in the future, have publicly accessible areas that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Acedboard shall not, under any circumstances, be liable in any way for any User Content.

f. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.

g. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.

a. Acedboard Intellectual Property Rights. Subject to the limited rights expressly granted to you hereunder, as between the parties Acedboard shall own all right, title and interest, including all Intellectual Property Rights, in and to the Services, software, technology, and Acedboard data. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the Proprietary Marks), and are owned by Acedboard. You may not use the Proprietary Marks without our prior written permission. The information, content, documentation, guides, descriptions, advice, and any other content viewable on, contained in, or downloadable from our Services, including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by Acedboard, or otherwise licensed to us by our content suppliers. All rights not expressly granted in this Agreement are reserved by Acedboard.

b. User Intellectual Property Rights. Subject to the limited rights expressly granted hereunder, as between the parties you own all right, title and interest, including all Intellectual Property Rights, in and to the electronic data and information submitted by, or for you to the Services, or collected and processed by, or for you as a result of your use of the Services (Your Data). You grant Acedboard and its subcontractors a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display and use Your Data to provide, administer and ensure the proper operation of the Services and related systems, and to provide our Services, and perform our rights and obligations under this Agreement.

c. Disclosure of Your Data. Acedboard shall not disclose Your Data to third parties, except: (i) as necessary to provide the Services to you; (ii) to our service providers who are not permitted to use such data except on behalf of Acedboard, (iii) as required by law or to comply with legal process; (iv) to protect and defend the rights or property of Acedboard, including as evidence in litigation; (v) to troubleshoot problems with the Services; (vi) to any successor in interest, including as part of a merger, acquisition or transfer of assets, or as part of a bankruptcy proceeding; or (vii) in aggregate or de-identified form.

d. User Comments and Suggestions. You hereby grant to Acedboard, without any expectation of compensation, a nonexclusive, royalty free, worldwide, transferable, sub-licensable, perpetual, irrevocable license in and to all suggestions and comments regarding the Acedboard Services including, without limitation, features, usability, improvements, corrections and use.

a. You own and retain all rights to Your Data. You are responsible for the accuracy, quality, integrity, and legality of Your Data. You agree to abide by applicable laws and regulations regarding your access and use of Your Data with the Service, and you acknowledge that the Service is not designed to process or manage any sensitive, personally identifiable information that is subject to specific regulations or laws that impose increased protections and obligations with respect to handling that type of information (Protected Information).

b. You are responsible for (i) properly configuring the access rights for your authorized users, i.e. employees and management personnel, (ii) your authorized users access and use of the Service, and (iii) the secure transmission of Your Data to the Service. Acedboard will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Your Data. Acedboard will promptly notify you of any actual or suspected breaches of security that may result in the unauthorized access, use or disclosure of Your Data and will cooperate with you in the investigation and remediation of any such breach of security.

c. You shall manage and control access by your authorized users to your account, and the use and processing of Your Data by the Service. User data will not be accessed by Acedboard except as necessary to identify, investigate, or resolve technical problems with the Service or to verify your compliance with the terms of this Agreement. User data that is accessed by Acedboard will be kept confidential, handled according to applicable laws and regulations, and not be shared with any unauthorized personnel.

d. Acedboard may disclose Your Data if the disclosure is necessary to comply with a valid court order or subpoena or to comply with applicable law, rule or regulation of a governmental authority. However, Acedboard will promptly notify you of the request for such disclosure and will cooperate with you if you choose to contest the disclosure, seek confidential treatment of the Your Data to be disclosed, or to limit the nature or scope of the Your Data to be disclosed.

e. It is the user’s sole responsibility to export the user’s project management and work data prior to, or within thirty (30) days after termination or expiration of their Subscription (the “Retrieval Period”). If user fails to export their project management and work data, Acedboard may elect to continue to store it, but we are not under any duty or obligation to do so. Notwithstanding the foregoing, Acedboard may at any time after the expiration of the Retrieval Period, upon its sole discretion and without notice to user, delete the user’s project management and work data. User acknowledges and agrees to the foregoing policy and therefore Acedboard shall not have any liability to the user.

We will maintain industry-standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We protect Your Data using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure Your Data, we do not promise, and you should not expect, that Your Data will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In the event that any of Your Data under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulation.

a. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use, provided however, that you shall not delete any proprietary notices or materials with regard to the foregoing.

b. You may not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.

a. User Content means, without limitation, any textual material, construction plans, floor plans, schematics, budgets, digital files, documents, images, photos, videos, music, audio, comments, personal profile (including user photo), artwork, messages, reviews, feedback, suggestions or any other content you upload, transmit or otherwise make available to Acedboard via our Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Acedboard and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.

b. You retain all right, title and interest that you have, or have received from others, in the User Content that you upload or submit to Acedboard. By submitting User Content on or through the Service, you grant Acedboard a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, distribute, copy, store, cache, archive, index, categorize, comment on, edit, alter, modify, adapt and translate without the requirement of any permission from, or payment to you, or to any other person or entity, in any manner, and in any and all media now known or hereafter devised.

c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.

d. You acknowledge, agree and grant permission that any User Content you submit to our Service in a publicly viewable area of our Service, or to other users of our Service, may be viewed by other users, any person visiting or participating in the Service and by the public in general.

e. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Acedboard resulting there from.

f. It is possible that users may post or transmit offensive materials that you may be involuntarily exposed to, and you hereby agree to waive any legal or equitable rights or remedies you have or may have against Acedboard with respect to said offensive User Content.

g. Acedboard may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.

h. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

i. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.

j. Do not submit or upload publicly any private information or information you do not wish to be seen by others, or which you do not want to be shared or edited by others. Acedboard has no control over User Content once posted to a publicly viewable area of our Service, and it is possible that visitors to the Website may copy User Content from a publicly viewable area and repost it elsewhere.

k. If you provide Acedboard with any suggestions for improvement to our Service, or new features or functions to add to our Service, you do so without the expectation of any compensation therefore, and grant to us a perpetual, irrevocable, fully transferable and sub-licensable worldwide license to use and exploit your suggestion without any royalty or other compensation to you.

Acedboard is committed to providing a safe and friendly platform. To ensure the best possible experience for all users of our Services, we have established some basic acceptable use guidelines and rules for your conduct. By using our Services, you agree that you have read and will follow the rules and guidelines set forth below. Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil and meaningful interaction, Acedboard reserves the right to suspend or terminate a user’s account for a violation of these rules.

In addition to the restrictions set forth in Section 13 of this Agreement, entitled “Your Access and Use of our Services”, you agree not to use our Service to transmit or distribute any messages or User Content as defined in these Terms of Service that is false, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violates the rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files, or that would constitute or encourage a criminal offense. The following includes, without limitation, examples of the things you may not do:

a. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.

b. Advocate others for the harassment or intimidation of another person.

c. Provoke or antagonize people, including trolling.

d. Impersonate any person or entity.

e. Send or promote messages that involve violence, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual.

f. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.

g. Send or promote material that exploits people in a sexual, pornographic or violent manner.

h. Send or promote anything that exploits children or minors or that depicts cruelty to animals.

i. Send or promote anything that depicts people in places where they have an expectation of privacy without their knowledge and consent, like someone’s home, a bathroom, dressing room, locker room, etc.

j. Engage in sending illegal or impermissible communications including, without limitation bulk messaging and auto-messaging.

k. Send or promote messages that encourage or suggest self-harm to another person.

l. Solicit personal information from anyone under the age of 18.

m. Use the service in an illegal manner, to commit an illegal act or to provide instructional information about illegal activities.

n. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

o. Infringe upon someone elses trademark, copyright or other intellectual property or other rights.

p. Promote unsolicited commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.

q. Engage in spam. Please dont transmit, distribute or post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

r. Acedboard reserves the right to suspend or terminate any user account at any time for any reason, with or without warning and without liability to the user. If you violate these guidelines, we may suspend or terminate your account and notify law enforcement. Please respect and honor these guidelines and report any violations to support@acedboard.com. We have no obligation to delete content that you find personally objectionable or offensive. We reserve the right to modify these rules with or without notice at any time. If you have questions, comments, concerns or feedback regarding these guidelines or our Services, please contact us at support@acedboard.com.

Acedboard hereby grants you a non-exclusive, non-transferable, revocable license to use the Acedboard Software for one Acedboard account. You may not: (i) modify, disassemble, decompile or reverse engineer the Acedboard Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Acedboard Software to any third party or use the Acedboard Software to provide time sharing or similar services for any third party; (iii) make any copies of the Acedboard Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Acedboard Software, features that prevent or restrict use or copying of any content accessible through the Acedboard Software, or features that enforce limitations on use of the Acedboard Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Acedboard Software. You acknowledge that Acedboard may from time to time issue upgraded versions of the Acedboard Software, and may automatically electronically upgrade the version of any Acedboard Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code or Open Source Code that may be incorporated in the Acedboard Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. To the extent applicable to the respective third party code or Open Source Code licensed thereunder, such terms prevail over any conflicting license terms, including these Terms. The foregoing license grant is not a sale of the Acedboard Software or any copy thereof, and Acedboard or its third party partners or suppliers retain all right, title, and interest in the Acedboard Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Acedboard reserves all rights not expressly granted under this Agreement. The Acedboard Software originates in the United States, and is subject to United States export laws and regulations. The Acedboard Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Acedboard Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Acedboard Software

a. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.

b. Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.

The Service may now or in the future contain features, services and functionalities linking you to, or providing you with access to third party services, products, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, courses and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore we do not endorse, and are not responsible or liable for any content or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy, and you release us from any liability.

a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.

b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.

Violating the security of our Services is prohibited and may result in criminal and civil liability. Acedboard may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another persons copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another persons intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).

A valid complaint under the DMCA must provide the following information in writing:

a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

b. Identification of the copyrighted work that you claim has been infringed.

c. Identification of the material that is claimed to be infringing and where it is located on the Service.

d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner

If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: support@acedboard.com with the following information:

a. Your physical or electronic signature.

b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.

c. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of Texas, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action

a. ALL SERVICES AVAILABLE FROM ACEDBOARD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACEDBOARD AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “ACEDBOARD PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER THEY HAVE BEEN PROVIDED BY ACEDBOARD OR OUR INDEPENDENT THIRD PARTY SERVICE PROVIDERS.

b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.

c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE; HOWEVER, WE HAVE NO OBLIGATION TO DO SO.

d. THE ACEDBOARD PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICE DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.

f. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU

a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS TO AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR APPEARING IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.

c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, PUBLIC HEALTH EMERGENCIES, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

d. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ACEDBOARD, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY USER (IF ANY), DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

a. You agree that you will be personally responsible for your use of the Service; and you further agree to defend, indemnify and hold harmless Acedboard and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; and (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right.

b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

a. By using the Services, you release, to the maximum extent allowed by law, Acedboard, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services.

b. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.

b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Texas in and for the County in which Acedboard has established its principal office.

a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Texas in and for the County in which Acedboard has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.