Acumen West owns and operates the acumenwest.com website (“Site”). By using or browsing any of the Site, you acknowledge that you have read, understood and agree to be bound to these Terms of Use and all applicable laws and regulations. If you do not agree to be bound by these Terms of Use, then you must not use this Site. We may change these Terms of Use at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms of Use. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
Privacy
Please review our Website Privacy Policy, which also governs your visit to this Site and which is incorporated into the Terms of Use.
Site Contents
This Site is the website of Acumen West and the content of this Site is determined solely by Acumen West.
All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively by Acumen West, its affiliates and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by Acumen West. Any rights not expressly granted in the Terms of Use are reserved for Acumen West.
Acumen West marks, logos and designs appearing on the Site are the exclusive trademarks and service marks of Acumen West and its affiliates.
All other trademarks and service marks appearing on the Site that are not owned by Acumen West are the property of their respective owners.
Use of Site; Restrictions
This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of Acumen West or the owner. You may not use any framing techniques to enclose any trademarks or logos of Acumen West nor use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.
No Creation of Services Relationship
The information provided on this Site is for informational purposes only and does not create a business or professional services relationship between you and Acumen West.
Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information) (1) to satisfy any law, regulation, or court order; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of Acumen West, its affiliates, and you.
Accuracy of Information
Acumen West uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and Acumen West will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
Links to Third Party Sites
Links on this Site may lead to services or sites not controlled or operated by Acumen West. We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
Disclaimer of Warranties; Limitations of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED BY ACUMEN WEST “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. ACUMEN WEST EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.IN NO EVENT WILL ACUMEN WEST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF ACUMEN WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON.
ACUMEN WEST WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.
Certain state 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 but liability shall be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify and hold harmless Acumen West from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Site or your violation of any rights of a third party.
Remedies for Violations
Acumen West reserves the right to seek or take all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address.
Feedback and Other Suggestions
All feedback, ideas and other suggestions submitted by you through this Site will be treated as non-confidential and non-proprietary and may be disclosed or used by Acumen West for any purpose whatsoever, without any obligation to compensate you. All personal data provided to Acumen West will be handled in accordance with our Website Privacy Policy.
Applicable Laws; Exclusive Jurisdiction
This Site is controlled and operated in California, USA. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms of Use and your use of this Site will be governed by the laws of the State of California, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Los Angeles, California and that any cause of action arising under these Terms of Use will be tried and litigated exclusively in the state and/or federal courts located in the County of Los Angeles, California, USA. Our failure to enforce any rights under these Terms of Use will not constitute a waiver of any terms or conditions of these Terms of Use.
Miscellaneous
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of these Terms of Use. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Contact
In the event of any question relating to this Site, please email us at info@acumenwest.com.