ACE hereby grants you permission to access and use the Website and the Content for your personal, informational and shopping purposes only, under the following conditions:
B. You agree not to alter or modify any part of the Website.
D. You agree not to use the Website for any commercial use (other than the purchase of products or services offered for sale on the Website, or for donations or commitments to sell through the Website) without the prior written authorization of ACE. Prohibited commercial uses include, but are not limited to, any of the following actions taken without ACE’s express written approval:
(i) posting or transmitting through the Website any material which contains advertising or any solicitation with respect to products or services; and
(ii)any use of the Website that ACE finds, in its sole discretion, to be a use of ACE’s resources to compete with or displace the market for ACE or the products or services sold via the Website.
E. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on this Website. You agree not to upload, post, e-mail or otherwise send or 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 or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. You agree not to collect or harvest any personally identifiable information from the Website nor to use the communication systems provided by the Website (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website. Any conduct by you that in ACE’s discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
G. You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
H. You also agree not to impersonate any other person or to conduct yourself in a vulgar or offensive manner while using the Website. You agree that ACE may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at ACE’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
I. You agree that ACE, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as ACE, in its sole discretion, chooses. Furthermore, you agree that ACE may edit User Submissions.
J. You agree that ACE shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that ACE, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
K. ACE reserves the right to discontinue any aspect of the Website at any time.
In order to participate in certain areas of the Website, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify ACE promptly upon learning of any security breaches relating to the Website; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
All purchases, sales, donations and commitments to sell from or through the Website are governed by ACE’s Customer Terms and Conditions (“Customer T&Cs”), available at https://www.refridge.com/customer-terms-and-conditions/. Please refer to the Customer T&Cs for the terms and conditions applicable to your purchase of products or services offered for sale on the Web site, or for donations or commitments to sell through the Website. By ordering products or services through the Web site, or making donations or commitments to sell through the Website, you agree to be bound by and accept the Customer T&Cs. The Customer T&Cs are subject to change at any time without notice, in ACE’s sole discretion; therefore, you should review the Customer T&Cs every time you make a purchase, donation or commitment to sell on the Website.
Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or third parties on the Website are those of the respective authors or producers and not of ACE, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall ACE, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all products and services promoted or sold via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed, promoted or sold via the Website is at your own risk.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ACE, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “ACE PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NONE OF THE ACE PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE ACE PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ACE DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THE ACE PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR GRAPHICS OBTAINED THROUGH THE WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ACE PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE ACE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY ACE FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND ACE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY ACE PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEBSITE (OTHER THAN WITH RESPECT TO PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE), YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY ACE PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO ANY PRODUCT(S) OR SERVICES ADVERTISED, PROMOTED OR SOLD THROUGH THIS WEBSITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SUCH PARTY FOR THE PURCHASE OF THE PARTICULAR PRODUCT(S) OR SERVICES THAT CAUSED THE DAMAGE.
ACE may display advertisements from third parties on the Website. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. ACE is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third party advertisements or information on the Website.
ACE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ACE expressly disclaims any and all liability in connection with User Submissions. ACE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ACE may remove any User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. ACE reserves the right to remove User Submissions without prior notice.
ACE is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to ACE without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, marketing products and creating, modifying or improving the Website or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against ACE and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
ACE reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
It is ACE’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
ACE’s designated Copyright Agent to receive notifications of claimed infringement is: Mitch Newlin, Affordable Campus Essentials, LLC, 30 East Coxon Road, Brunswick, Maine 04011, or email: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ACE customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Website or disabled after ACE received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending ACE a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
If a counter-notice is received by the Copyright Agent, ACE may send a copy of the counter-notice to the original complaining party informing that person that ACE may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides ACE with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ACE’s sole discretion.
All content on the Website is owned by ACE or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.