This web page represents a legal document that serves as OUR Terms of Service and it governs the legal terms of OUR WEBSITE, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by acumens media inc.
By using OUR WEBSITE, you agree to fully comply with and be bound by OUR Legal Terms. Please review them carefully. If you do not accept OUR Legal Terms, do not access and use OUR WEBSITE or SERVICES. If you have already accessed OUR WEBSITE and do not accept OUR Legal Terms, you should immediately discontinue use of OUR WEBSITE.
1. The phrase "our website" or "this website" refers to http://www.acumensinc.com including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, "Website") owned and operated by acumens media inc.
2. The terms "we", "us", "our", "acumens media inc", "acumens media inc Website Maintenance", "Website Maintenance" and "acumens media inc" "acumensinc.com" shall be used interchangeably and shall refer to acumens media inc, a California Incorporated Company, its affiliates and/or OUR subsidiaries and any person or entities associated with acumens media inc.
3. A "visitor" is someone who merely browses OUR WEBSITE, but has not registered as a MEMBER.
4. A "member" or "client" is an individual that has registered with US and has purchased our services and/or has just purchased OUR SERVICE.
5. OUR "service" or "services" represents the collective functionality and features as offered through OUR WEBSITE to OUR MEMBER.
6. A "user" or "users" is a collective identifier that refers to either a VISITOR or MEMBER.
7. All text, information, graphics, audio, video, and data offered through OUR WEBSITE are collectively known as OUR "Content".
8. "Professional Service" or "Professional Services" are defined as any SERVICE outside of OUR subscription plans in which WE quote, invoice and bill a MEMBER once the MEMBER has agreed to the service.
9. "FMH" refers to OUR Free Managed Hosting Service.
OUR WEBSITE may contain OUR service marks or trademarks as well as those of OUR affiliates or other companies, in the form of words, graphics, and logos. Your use of OUR WEBSITE does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. OUR WEBSITE is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of OUR WEBSITE is strictly prohibited. Your use of OUR WEBSITE does not grant you ownership rights of any kind in OUR WEBSITE.
Links to Other Websites
OUR WEBSITE may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, WE do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within OUR WEBSITE does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. acumensinc has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
OUR Legal Terms shall be treated as though it were executed and performed in California, U.S.A., and shall be governed by and construed in accordance with the laws of California, U.S.A., without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to OUR WEBSITE, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of OUR Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in OUR WEBSITE conflicts or is inconsistent with OUR Legal Terms, OUR Legal Terms shall take precedence. OUR failure to enforce any provision of OUR Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of acumens media inc under OUR Legal Terms shall survive the termination of OUR Legal Terms.
As a condition of your use of THIS WEBSITE, you warrant that:
1. you are at least 18 years of age, and
2. you possess the legal authority to create a binding legal obligation, and
3. you have the legal right to make decisions on behalf of yourself, your company, corporation, or business concerning any of their web sites and other IT resources, and
4. you are responsible for all Content posted and activity that occurs under your account. You are responsible for any changes made to your web site by others acting on your behalf, if any, and
5. you will use THIS WEBSITE in accordance with this Agreement, and
6. all information supplied by you on THIS WEBSITE is true, accurate, current and complete, and
7. you may not use the SERVICE for any illegal or unauthorized purpose. You must not, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws), and
8. by using the SERVICE, acumens media inc has the right to place a link to OUR WEBSITE on your site, and
9. if you have an account with acumens media inc, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. WE retain the right, at OUR sole discretion, to deny access to anyone to THIS WEBSITE and the SERVICES WE offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Payments, Refunds, Plans, and Plan Modifications
A valid credit card is required to use the SERVICE.
You will be billed for SERVICES. The SERVICE is a subscription. Subscriptions are not prorated, and are billed in advance.
Refunds may be issued only during the first seven (7) days of the purchase. At the time this version of OUR Terms of Service was published, all plans are discounted below and standard rates.
When upgrading your plan, you will be billed on a prorated basis. SERVICES are also prorated.
When downgrading your plan, your plan will be downgraded effective immediately when requested. Downgrading is not prorated
When canceling your plan, your plan will be cancelled effective immediately. Cancellations are not prorated.
Each plan has a defined number of update requests allowed, as well as defined business day turnaround expectations for updates. Update requests may not exceed one (1) hour of labor per request. Expedited one (1) day turnaround is available for a one time fee (per update request). Additional updates requested outside of the allowed updates are quoted and billed separately, upon approval from you. In this case, WE typically recommend upgrading your plan as it is more cost-effective for you.
Cancellation and Termination of the Service
acumens media inc has the right to suspend or terminate your account and refuse any and all current or future use of the SERVICE, or any other SERVICE, for any reason at any time.
You are solely responsible for canceling your account. You are free to cancel your account at any time. However, a refund may not be provided after seven (7) days if provided and is decided solely by the management
Once SERVICE is terminated, if your website and content resides on OUR FMH servers, you have maximum fourteen (14) days after the services are terminated cycle to request your content. WE will export and provide your content to you, if requested. WE will not transfer your website (hosted on OUR FMH servers) to another web host or content management company. On the 15th day, your website and any related content may be removed from OUR servers.
If you cancel your subscription with us, you may not be eligible to repurchase or reactivate any maintenance services for the cancelled website (your website) for a period of 6 months, unless you pay a one time $100 account reactivation fee. This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular site.
Changes to Services and Prices
WE reserve the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice. Prices of all SERVICES, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to OUR WEBSITE and/or emailing you.
Right to Refuse Service
WE reserve the right to refuse to do business with you. WE have the right to terminate your SERVICES and give you any applicable refunds, at any time and for any reason.
WE reserve the right to refuse OUR FMH Services. This may occur if WE determine that your web site, product, and/or needs require an extraordinary amount of effort on OUR part.
WE will try to negotiate a more suitable compensation arrangement before WE terminate OUR relationship and SERVICES.
Operating Hours and Vacation Policies
OUR standard operating hours are from 10:30am-6:30pm (PST), Monday through Friday.
OUR staff may, on occasion, attend company-wide vacations or outings. During this time, OUR offices may be closed. If this effects the SLA (Service Level Agreement) for your plan, you may be eligible for a prorated, partial refund for the days in which OUR offices were closed. You must request a partial refund.
WE reserve the right to refuse PROFESSIONAL SERVICES at any time.
For all SERVICES, including PROFESSIONAL SERVICES, WE reserve the right to construct your website on any technology stack and software platform WE deem appropriate. If WE believe this will not benefit you, WE will discuss it with you accordingly.
Non-payment for hourly or project based work
In the event that you agree to have acumens media inc perform project or hourly based work on your website, and then fail to pay for completed work within fourteen (14) days of completion, WE reserve the right to disable your site until payment is rendered in full.
Free Managed Hosting
WE reserve the right to refuse free managed hosting ("FMH") at any time, for any reason. Typically, this is due to an abuse of resources.