Do not use or access the Website if you do not agree to any of the terms or conditions in the T&C.
1. OWNERSHIP AND TERMS & CONDITIONS
ACP owns and operates this Website. ACP and its respective members, affiliates, employees, directors and officers shall be collectively referred to herein as the "ACP Parties." The ACP Parties provide the Website to you subject to the T&C. The ACP Parties may, in their sole discretion, amend or modify the T&C and new conditions may be imposed at any time without notice. Any such changes or additions will be reflected in an update of this posting. Notices of changes to the T&C may be generally displayed on the Website. Please periodically check the T&C for changes. Your continued use of and/or access to the Website following the posting of these changes to the T&C signifies your agreement with those changes. All such changes are hereby incorporated by reference into the T&C. When applying to the Program, you may be subject to additional rules and procedures applicable to the Program, which will be posted or otherwise be made available to you. All such additional rules and procedures are hereby incorporated by reference into the T&C.
2. SERVICES AND CONTENT
The ACP Parties may provide users access to various services and content on or through the Website, including but not limited to the Program, photographs, text, images, illustrations, biographies of ACP founders, council members and staff, and other media and intellectual property related to or otherwise associated with the ACP Parties, any and all of which may be removed or modified from time to time at the ACP Parties' sole discretion.
Through the Program, ACP offers mentoring opportunities to applicants from the returning service member community including veterans, reservists, National Guard members and spouses of service members who were killed in action or became severely wounded (the "Protégés"). The Program matches a Protégé with a mentor (the "Corporate Mentor") from one of ACP's participating institutions (the "Participating Institutions"), a list of which is available at
ACP requests each of its Participating Institutions to provide approximately fifty employees to serve as Corporate Mentors. Participation in the Program by each Corporate Mentor is completely voluntary and there is no guarantee that each Corporate Mentor will fulfill the expectations of either ACP or the Protégé.
Each Protégé and Corporate Mentor will be asked to complete an application disclosing personal information and each Protégé will be asked for supporting, confirmatory information (the "Veteran Application" and the "Mentor Application," respectively).
The ACP Parties do not, however, conduct independent background checks on any of the Protégé or Corporate Mentor applicants. The ACP Parties may or may not attempt to verify information submitted by applicants, and are not responsible for doing so.
All applicants, those completing the Veteran Application and those completing the Mentor Application, acknowledge through the submissionof their applications that none of the ACP Parties nor its Participating Institutions will be held responsible or liable for the success or failure of the Program nor for any action or failure to act of the Protégés or Corporate Mentors.
It is anticipated that ACP may have a greater number of qualified applicants than mentoring opportunities available. The ACP Parties will have the sole right, in their sole discretion, to select those Protégé applicants they believe will best be able to benefit from the Program and who will best match prospective Corporate Mentors. Applicants not selected may be offered an opportunity to be matched with a Corporate Mentor at a future date, but no such opportunity is guaranteed.
4. USER CONDUCT
You agree that in connection with your use of the Website you will not:
A. e-mail, link, post, upload or otherwise transmit
(i) any content that is abusive, defamatory, fraudulent, harassing, harmful, hateful, invasive of anyone's privacy, libelous, obscene, offensive, pornographic, profane, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable; or that discloses personal or private matters concerning any person, other than in connection with submission of an application for the Program;
(ii) any content that constitutes or encourages criminal conduct or results in civil liability, or otherwise violates any local, state, national or international laws;
(iii) any content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a confidentiality or nondisclosure agreement);
(iv) any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right, or privacy or publicity right, of any party;
(v) any advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or other forms of solicitation;
(vi) any material that contains software viruses, worms, "trojan horses," or any other computer code, files or programs designed to destroy, interfere or restrict the functionality of any computer software or hardware or telecommunications equipment;
(vii) any content that constitutes or includes false or misleading indications of origin or statements of fact; or
(viii) any content that is irrelevant to the subject matter of the Website or the Program;
B. engage in any activity that adversely affects or reflects negatively on the ACP Parties, the Website, the Program or the ACP Parties' goodwill, name or reputation; cause duress, distress or discomfort to the ACP Parties or anyone else; or discourages any person or entity from using or accessing the Website or applying for the Program;
C. link to the Website using a "frame" containing any sponsorship, advertisements or other commercial text or graphics; D. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. interfere with or disrupt the Website or servers or networks connected to the Website, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Website;
F. violate or attempt to violate the security of the Website, including but not limited to violations by:
(i) accessing data or logging into a server for which you are not authorized to access or log into;
(ii) probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(iii) interfering or attempting to interfere with service to any user, host or network, including but not limited to submitting a virus to, or overloading, "crashing," "flooding" or "mailbombing" the Website; or
G. violate, or encourage the violation of, any applicable local, state, national or international laws. Violations of this section by you may result in civil or criminal liability.
Notwithstanding any other term of the T&C or any act or failure to act by the ACP Parties, you agree to indemnify, defend and hold harmless the ACP Parties and each of their officers, directors, governors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, officials, agents, representatives, successors and assigns from and against any claims, demands and/or losses, including reasonable attorney's fees, arising out of (A) information you submit or transmit through the Website (including any links to other websites or resources contained in such information);
(B) your use of or access to the Website;
(C) your participation in any activities arising from the Website;
(D) your connection to the Website;
(E) your violation of, or failure to perform any of your obligations under the T&C; and/or
(F) your violation of any rights of a third party.
6. MODIFICATIONS TO WEBSITE
The ACP Parties reserve the right to modify, restrict access to or discontinue, temporarily or permanently, the Website without notice, at any time and in its sole discretion. You agree that the ACP Parties shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of the Website.
You agree that the ACP Parties, in their sole discretion, may terminate your access or use of the Website for any reason, including but not limited to if the ACP Parties believe that you have violated or have not acted in accordance with the letter or spirit of the T&C. You agree that any termination of your use of and access to the Website under any provision of the T&C may be effected without prior notice, and acknowledge and agree that the ACP Parties may immediately delete all related information and/or files associated with you and/or bar any further access to such files or the Website, without prejudice to any legal or equitable remedies available to the ACP Parties at law. In the event of termination, you will immediately discontinue your use of the Website and destroy all materials obtained from it. Further, you agree that the ACP Parties shall not be liable to you or any third party for any termination of your use of or access to the Website.
8. THIRD PARTY SERVICES, MATERIALS AND EXTERNAL LINKS
The Website may contain, include or provide links to other websites or resources. Further, other websites or resources may provide links to the Website. The ACP Parties have no control over such other websites and resources, and you acknowledge and agree that the ACP Parties are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Such links shall not imply endorsement or sponsorship by or association or affiliation with any of the ACP Parties. You further acknowledge and agree that the ACP Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or arising from your use of or reliance on any such content, goods or services available on or through any such website or resource, or the actions of the operators of any such website or resource.
You further understand and acknowledge that it may be necessary or appropriate to use the services, software, technology, data and/or other content of third parties (collectively, the "Third Party Services") either independently or in conjunction with certain programs, features or functions available through the Website. Such Third Party Services may be downloaded to and/or stored on your computer or otherwise employed in conjunction with certain aspects of the Website without notice. Your use of Third Party Services may be subject to terms and conditions established by third-party providers, which may be different from the T&C. Furthermore, Third Party Services may be sourced either through the Website or through a third-party website. In any case, you agree and acknowledge that the ACP Parties assume no liability with respect to your use of such Third Party Services.
9. PROPRIETARY RIGHTS AND EXPORT LAWS
You acknowledge and agree that the content provided on the Website, the names and marks "American Corporate Partners" and "ACP," and all other names, marks and logos of the ACP Parties, and any and all other proprietary materials depicted within the Website, are the property of, licensed by or authorized to be used by the ACP Parties and may not be reproduced without the prior written consent of the relevant ACP Party (or its designee) or the relevant licensing or authorization entity. You further acknowledge and agree that information presented to you through the Website may be protected by applicable intellectual property and other laws. Except as expressly authorized by the ACP Parties, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display, or otherwise use the Software, or create or use any derivative works based on the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. You agree not to apply for the Program by any means other than through the interface that is provided by the ACP Parties. Other than a limited right of personal use in connection with your personal, non-commercial use of the Website, you have no rights to the Software. All rights in and to the Website, the Program and the Software not expressly granted herein are hereby reserved by the ACP Parties and their licensors and authorizers.
10. DISCLAIMERS OF WARRANTIES
You expressly understand and agree that:
A. Your use of and access to the Website and any Third Party Services is at your sole risk.
THE WEBSITE AND ANY THIRD PARTY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ACP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND ANY THIRD PARTY SERVICES. THE ACP PARTIES ASSUME NO RESPONSIBILITY ARISING FROM YOUR USE OF AND ACCESS TO THE WEBSITE AND ANY THIRD PARTY SERVICES.
B. The ACP Parties make no warranty that (i) the Website or the Third Party Services (a) will meet your requirements, (b) will be uninterrupted, timely, secure or error-free, or (c) will be free from viruses or other harmful components; (ii) the results obtained from your use of the Website or the Third Party Services will be accurate or reliable; (iii) the quality of any products, services, information or other materials obtained by you through the Website or the Third Party Services will meet your expectations; and (iv) any errors in the Website or the Third Party Services will be corrected.
C. Any material downloaded, streamed or otherwise obtained through the use of or access to the Website or the Third Party Services is done at your own discretion and sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading, streaming or accessing of any such material.
D. No warranty shall be created based upon oral or written advice or information obtained by you from the Website or the Third Party Services, unless expressly stated in the T&C.
E. The ACP Parties make no warranty or representation that any content or the Third Party Services provided in the Website is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ACP PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ACP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, ARISING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE THIRD PARTY SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSMISSIONS RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE OR THE THIRD PARTY SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE OR THE THIRD PARTY SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE THIRD PARTY SERVICES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSIONS OR OTHER FAILURE OF PERFORMANCE BY THE ACP PARTIES, THEIR AFFILIATES AND PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE ACP PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTIONS 10 AND 11, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ACP PARTIES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR ANY SERVICES GIVING RISE TO SUCH LIABILITY.
From time to time, the ACP Parties may provide notices to you by e-mail or postal mail. You may contact ACP regarding the Website by e-mail to firstname.lastname@example.org or by postal mail to:American Corporate Partners 400 Madison Avenue Suite 7A New York, NY 10017
13. GENERAL PROVISIONS
legal or contractual effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and the ACP Parties as a result of the T&C or your use of the Website and Third Party Services.
14. CHOICE OF FORUM AND GOVERNING LAW
The T&C and the relationship between you and the ACP Parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Regardless of your place of residence or the location from which you use the Website, this T&C is an agreement made in the State of New York, USA. You and the ACP Parties agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. You hereby waive any argument that any such court does not have jurisdiction over you or that such dispute or venue in any such court is not appropriate or convenient. The ACP Parties will be entitled to recover its court costs and reasonable attorneys fees and expenses incurred if it successfully proves your breach of any term of the T&C.
Last modified and effective date: July 14, 2008
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