TERMS OF USE

Last updated:  May 31, 2024

Terms and Use (“Terms”)

Please read the following Terms carefully before using EMILYNICHOMSMITCHELL.COM AND ACCELERATIONS GROUP (“our” or “we or Websites,”. By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of EMILYNICHOLSMITCHELL.COM AND ACCELERATIONS GROUP. If you do not agree to any portion of these Terms, you should not access or otherwise use the Websites. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Websites.

We reserve the right to change these terms in our sole discretion from time to time with or without notice to you. All changes are effective immediately when we post them and/or allow access to or use of them thereafter. You acknowledge and agree that it is your responsibility to periodically review the Terms. Your continued use of this Websites  after any such modification will constitute acknowledgment and acceptance of any such modified terms.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, members, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering these Websites and/or contents and Offerings available on this Websites.

BY USING THESE WEBSITES YOU AGREE TO BE BOUND BY THESE TERMS. However, we respect your control over your online experience. If you do not wish to be bound by these Terms, you have the power to cease use of the Websites. Your sole remedy for dissatisfaction with this site or these terms is to cease using the Websites.

1. CONVENIENCE AND INFORMATION ONLY; AGE RESTRICTION.

(a) Convenience and Information Only. By providing access to the Web Site, WEBSITES  does not warrant or represent that: (a) the Content is accurate, complete, up-to-date, or current; (b) WEBSITES  has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Websites  will be free from interruptions, errors, computer viruses, or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Websites  is accurate or complete.

(b) Age Restriction. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITES IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

2. INDIVIDUAL WEBSITES USE AND CONTENT.

Unless otherwise specified, the Services herein are for your individual and non-commercial use. You are not permitted to duplicate, alter, transfer, disseminate, display, reproduce, imitate, perform, license, publish, make derivative works from, transmit, market, or vend any products, services, artwork, graphics, descriptions, demonstrations, software, or products obtained from the Services. At any time, we may, without further notice, make changes to the Websites contents, to these Terms, and/or to the services described in these Terms.

3. ELECTRONIC COMMUNICATION.

(a) Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that WEBSITES maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by WEBSITES for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with WEBSITES. WEBSITES will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from WEBSITES, do not respond to the email and notify WEBSITES by forwarding the email to info@accelerationsgroup.com.

(b) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that WEBSITES may respond to any communication you send to WEBSITES with an electronic communication, regardless of whether your original communication with WEBSITES was an electronic communication. Any electronic communication WEBSITES sends to you will be considered received within three business days of the date such communication is sent by computer servers utilized by WEBSITES to the email address you posted to WEBSITES online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to WEBSITES will not be effective until WEBSITES has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with WEBSITES immediately and, in no event, should your sole method of communication with WEBSITES regarding any emergency be by electronic communication. WEBSITES strongly suggests that you report all matters requiring immediate attention to WEBSITES by calling 1-862-253-2294. WEBSITES may require you to provide written confirmation of any verbal or electronic notice of alleged error by WEBSITES.

4. INTELLECTUAL PROPERTY RIGHTS.

(a) Content Ownership. All content included on the Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WEBSITES or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Websites is the exclusive property of WEBSITES and protected by U.S. and international copyright laws.

(b) Use of Content. You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any material from the Websites without the prior written consent of WEBSITES, except as explicitly provided herein.

5. LIMITATION OF LIABILITY.

(a) Exclusion of Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR MATERIALS OR FUNCTIONS ON THE WEB SITE, EVEN IF WEBSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Limitation of Liability. In no event shall WEBSITES total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Web Site.

6. GOVERNING LAW AND JURISDICTION.

(a) California Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(b) GDPR Compliance. In compliance with GDPR, WEBSITES ensures that any personal data collected through the Websites is processed lawfully, fairly, and transparently, with explicit consent obtained where required.

7. PRIVACY POLICY.

(a) Data Collection and Usage. WEBSITES respects your privacy and handles personal data in accordance with applicable privacy laws. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using the Web Site, you agree to our Privacy Policy.

(b) California Consumer Privacy Act (CCPA). In compliance with CCPA, California residents have the right to request access to their personal information, request deletion of their personal information, and opt-out of the sale of their personal information. For more details on how to exercise these rights, please refer to our Privacy Policy.

(c) GDPR Data Protection Rights. If you are a resident of the European Economic Area (EEA), you have certain data protection rights under GDPR. These rights include the right to access, rectify, or erase your personal data. You also have the right to restrict or object to the processing of your personal data. For more information on how to exercise these rights, please refer to our Privacy Policy.

8. COOKIE POLICY.

(a) Use of Cookies. The Websites may use cookies and similar tracking technologies to enhance your browsing experience. By using the Web Site, you consent to the use of cookies in accordance with our Cookie Policy. You can manage your cookie preferences through your browser settings.

9. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) COMPLIANCE.

(a) Age Restriction. The Websites is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use or provide any information on this Web Site.

(b) Parental Consent. If you believe that we may have collected personal information from a child under 13 without parental consent, please contact us immediately to have the information removed.

10. DATA SECURITY.

(a) Security Measures. WEBSITES implements security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security but strive to protect your data to the best of our abilities.

(b) Data Breach Notification. In the event of a data breach that compromises your personal information, WEBSITES will notify affected individuals in accordance with applicable laws.

11. GOVERNING LAW AND JURISDICTION.

(a) California Residents. For residents of California, any disputes arising out of or related to these Terms or the Websites shall be governed by California law, excluding its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in California for the resolution of any such dispute.

12. DISCLAIMERS AND LIMITATION OF LIABILITY.

(a) Disclaimer of Warranties. WEBSITES makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Content on the Web Site. Your use of the Websites is at your own risk.

(b) Limitation of Liability. In no event shall WEBSITES or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Websites or the Content, even if advised of the possibility of such damages.

13. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.

(a) Arbitration Clause. Any dispute arising out of or relating to these Terms or the Websites shall be resolved through binding arbitration administered by the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules.

(b) Opt-Out of Arbitration. You have the right to opt-out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice of your decision to opt-out to the following address: [Provide opt-out address].

14. UPDATES TO TERMS.

WEBSITES reserves the right to update, modify, or revise these Terms at any time. We will notify you of any material changes to these Terms by posting the updated Terms on the Websites or by other means of communication.

15. CONTACT INFORMATION.

If you have any questions, concerns, or feedback regarding these Terms or the Web Site, please contact us at:

Email: info@accelerationsgroup.com