Accelerance, Inc. specializes in software development outsourcing and global team assessment. It provides end-to-end professional management services to assist a company with selecting outsourcing partnerships throughout the world, refining best practices within a company, scaling teams and supporting a company to meet its software development project milestones.
SECTION 9(j) OF THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ACCELERANCE ARE RESOLVED. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THIS CLASS ACTION WAIVER.
Please read this Agreement carefully. You must not access or use this Website if you do not agree to its terms.
The mission of the Website is to provide the public-at-large with information about Accelerance and the products and services it provides. The Website also provides a means for you to contact Accelerance to obtain additional information or to sign up for events such as webinars.
You understand and agree that Accelerance may rely on and use one or more third party vendors to provide the technology infrastructure to support the operation and use of the Website including, without limitation, servers, software, storage and networking.
The Website is currently offered to the general public without cost or fees. Accelerance reserves its right, with or without notice, to institute fees or other costs that must be paid by users prior to access or use of the services and content on the Website. Such fees or costs may be either one time or sustaining.
Use of the Website.
Subject to Your compliance with the terms and conditions of this Agreement, Accelerance grants You a non-exclusive, non-transferable, revocable, nonsublicensable license to access and use the Website solely for its intended purpose.
During the authorized operation and use of the Website, Your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to Your computer (the “Cached Information”). The Cached Information must be stored solely on Your local disk drive and used solely in support of the authorized operation and use of the Website and for no other purpose.
You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with the access or use of the Website.
The Website is not intended for use by minors. Use of the Website by any person under 18 years old requires the permission and involvement of a parent or guardian. Accelerance does not knowingly collect information from children under the age of 16.
Accelerance reserves the right to remove or edit content in its sole discretion.
Additional Limitations On Use. In addition to any other restriction or limitation set forth in this Agreement, You agree to the following limitations on the access and use of the Website:
You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or You have written authorization from Accelerance to do so.
You may not reproduce any portion of the Website to any other device including, without limitation, any framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website.
You may not deep-link to any portion of the Website without the written authorization of Accelerance.
You may not modify or create derivative works of any portion of the Website including, without limitation, translating any content into another language or implementing the Website in a different computer language.
Except as required for the authorized operation and use of the Website or as otherwise specified in a robots.txt file, you may not use any automated or manual process to capture any content of the Website including, without limitation, by use of a (ro)bot, spider, or scraper.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
Attempt to interfere with the proper working of the Website including, without limitation, attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
As between You and Accelerance, You acknowledge and agree that Accelerance (or its licensors) is the sole owner of the Website and its entire contents, features, and functionality including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof.
ACCELERANCE, the three circle logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Accelerance or its affiliates or licensors. You must not use such marks without the prior written permission of Accelerance. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the prior written permission of Accelerance.
All rights not expressly granted by this Agreement are reserved by Accelerance.
Warranty Disclaimer; Limitation of Liability.
THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, DATA AND OTHER CONTENT CONTAINED WITHIN IT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMISSIBLE BY LAW, ACCELERANCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, HYPERLINKED WEBSITES AND ANY THIRD PARTY SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED UNDER APPLICABLE LAW.
ACCELERANCE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT CONTAINED WITHIN THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT DELIVERED AS A RESULT OF VISITING THE WEBSITE, OR ANY HYPERLINKED WEBSITE. USER’S SOLE REMEDY FOR A BREACH OF THIS AGREEMENT BY ACCELERANCE IS TO STOP USING THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACCELERANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination of the Agreement.
You may terminate or cancel this Agreement at any time, with or without cause, by providing Accelerance with written notice. Notice must be sent either by email with a subject line of “Cancellation of Services” or by U.S. First Class Mail, Return Receipt requested and postage prepaid. Email and postal address are found below in the Communication section. Notice to Accelerance is given only on receipt by Accelerance.
Accelerance may terminate or cancel this Agreement at any time, with or without cause, by providing You with a minimum of 30 days prior written notice.
Accelerance has the right to immediately terminate this Agreement if You have been provided a minimum of 10 days prior written notice of any breach of this Agreement but You fail to cure each breach identified in the notice.
Contact information for Accelerance:
address (USPS, courier): 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065
Accelerance may provide notice under this Agreement or transmit other communications either by electronic means (e.g. email, text message) or U.S. First Class Mail. Notice is deemed to have been given when transmitted to the email, mobile phone number or postal address you have provided to Accelerance.
If You send Accelerance an electronic message (e.g. email, text message, Website communication feature), you consent to receiving electronic communications from Accelerance and its affiliates.
No Agency. You are not an agent or employee of Accelerance and You have no authority to bind Accelerance by contract or otherwise.
Entire Agreement. This Agreement is the entire agreement between You and Accelerance pertaining to the subject matter of this Agreement. It supersedes all prior written and oral statements, including any prior representation or statement.
Acceptance of this Agreement. You accept this Agreement by Your access or use of the Website.
Modification of this Agreement. Accelerance may modify this Agreement, in its sole discretion, by posting notice of the revised version of this Agreement on the home page of the Website a minimum of 15 days prior to the effective date of the new or modified version of this Agreement. Your continued use of this Website indicates an agreement to be bound by the revised Agreement.
No Waiver. The observance of any provision of this Agreement may be waived only with the written consent of You and Accelerance. The failure by either party to enforce any rights under this Agreement is not a waiver of such right then or in the future.
Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic and business intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Transfer of Rights. You do not have the right assign, transfer or sublicense this Agreement including, without limitation, any rights to use the Website. Any unauthorized attempt to assign, transfer or sublicense is void. Accelerance has the right to assign, transfer and sublicense this Agreement without restriction and in its sole discretion.
Choice of Law and Venue. This Agreement is entered into in the State of California and is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules.
Before initiating any legal proceeding, You agree to report your issue or concern to Accelerance (see "Communication" provision above). You agree to negotiate with Accelerance in good faith to resolve your issue or concern. Either you or Accelerance may initiate a legal proceeding if your issue or concern is not resolved within 15 days of receipt by Accelerance.
Any legal action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, located in the County of San Mateo. Accelerance retains the right to bring any action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
NO CLASS ACTIONS. You may only resolve disputes with Accelerance on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You understand and agree that class arbitrations, class actions, private attorney general actions and consolidation with other legal proceedings is not permitted.