NCTI and Growth Transitions (dba Maher & Maher) Terms of Use

By accessing or using the NCTI and Growth Transitions, Inc. ("NCTI and GT") acsellerationseries.com website or any AcSELLeration Series client site , you agree to be bound by the terms and conditions of this Terms of Use. If you do not wish to be bound by this Terms of Use, you may not access or use http://www.acsellerationseries.com or any AcSELLeration Series Web site.

Acceptance of Terms of Use. Welcome to http://www.acsellerationseries.com. NCTI and GT are pleased to provide the information on this website conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Terms of Use (the "Terms of Use"). The Terms of Use may be updated and modified by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use from anywhere on our service. We hope that you will find the information provided on acsellerationseries.com informative and useful. Please feel free to e-mail us with your thoughts about our website or to request more information about NCTI and GT.

Access to the Website. NCTI and GT are providing you with capability to use the acsellerationseries.com website. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.

Eligibility for Use. This website is available only to individuals who can form a legally binding contract under applicable law. Without limiting the foregoing, the website is not available to minors. If you do not qualify, please do not use the website. NCTI and GT or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the website to anyone at any time, in our sole discretion.

User Obligations. In consideration of your use of the website, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the website for any purpose that is unlawful or prohibited by the Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NCTI and GT have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NCTI and GT have the right to refuse any and all current or future use of the website (or any portion thereof).

Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the NCTI and GT website. NCTI and GT do not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the NCTI and GT website. We make no representations or warranties, express or implied, with respect to the information provided on this website.

Links to Third Party Sites. Although we hope that you will find the material on this website informative, the material and links to third-party websites and resources that may be included on the NCTI and GT website are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by NCTI and GT of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this website or any third-party website which may be accessed by a link from this website, including any representations or warranties as to accuracy or completeness. Because NCTI and GT have no control over third-party sites and resources, you acknowledge and agree that NCTI and GT are not responsible for the information and contents of such third-party sites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that NCTI and GT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource.

Proprietary Rights. You acknowledge and agree that content contained in the website or information presented to you through the website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NCTI and GT or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this website, in whole or in part. Notwithstanding the foregoing, GT will permit you to create derivate works of the following documents: Monitoring and Coaching Checklists; Fundamental Selling Skills – Coaching Reference Guide; and Fundamental Selling Skills – Team Review Meeting Planner (collectively "Acceptable Derivate Works"). Ownership of all Acceptable Derivative works shall remain with NCTI and GT. The rights to modify, copy, distribute, reproduce, and create such Acceptable Derivative Works shall be exclusively licensed to you for the duration of your underlying license to the AcSELLeration Series. Upon expiration or termination of your AcSELLeration license, such exclusive license to Acceptable Derivative works shall expire. NCTI and GT agree that they shall not use, nor permit any third party to use or license Acceptable Derivative Works. Acceptable Derivative Works shall be used solely for internal use and shall not be commercially distributed or sold by you. The right to create any and all Acceptable Derivative Works will terminate upon the termination of your license to the AcSELLeration Series. Those portions of the website owned by NCTI and GT are: Copyright 2003 AcSELLeration Series, AcSELLeration, NCTI, Maher & Maher. All rights reserved.

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website.

Indemnification. You agree to indemnify and hold NCTI and GT, its directors, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your connection to the website, your violation of the Terms of Use or your infringement of any intellectual property or other right of any other person or entity.

Enforcement. NCTI and GT do not assume responsibility to you or others for any failure by NCTI and GT to enforce the provisions contained in the Terms of Use.

Termination. You agree that NCTI and GT, in our sole discretion and with or without notice, may terminate your use of the website (or any part thereof) for any reason, including, without limitation, for lack of use or if NCTI and GT believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. NCTI and GT may also in their sole discretion and at any time discontinue providing the website, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that NCTI and GT may immediately bar any further access to the website. Further, you agree that NCTI and GT shall not be liable to you or any third-party for any termination of your access to the website.

General Acknowledgments. You acknowledge that NCTI and GT may establish general practices and limits concerning your use of the website. You agree that NCTI and GT have no responsibility or liability for the failure of the website and the deletion of other content maintained or transmitted by the website. NCTI and GT reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that NCTI and GT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. You further acknowledge that NCTI and GT reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Other Agreements. This terms and conditions of NCTI and GT’s Privacy Policy are located at http://www.acsellerationseries.com/terms_of_use.cfm on the Web site www.acsellerationseries.com and are incorporated herein by reference. In the event of a conflict between the terms of this Agreement and those in the Privacy Policy, the terms of the Privacy Policy shall govern. When you purchase an access code to Ac SELLeration Series from NCTI and GT you will be required to agree to the terms and conditions of the License Agreement. In the event of a conflict between the terms of this Agreement and those in the License Agreement and Terms of Use the terms of the License Agreement shall apply.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND INFORMATION AND MATERIAL IN THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE WEBSITE AND INFORMATION AND MATERIAL IN THE WEBSITE, NCTI AND GT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   
2. NCTI AND GT MAKE NO WARRANTY THAT (i) THE WEBSITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE WEBSITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (V) THE WEBSITE AND ITS CONTENTS AND SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
   
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCTI AND GT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY. NCTI AND GT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR MATERIAL AND INFORMATION IN THE SITE, EVEN IF NCTI AND GT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS. 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 MAY NOT APPLY TO YOU.

Governing Law. The Terms of Use and the relationship between you and NCTI and GT shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws analysis. Any claim or lawsuit arising out of or relating to this Agreement or the relationship between you and NCTI and GT which cannot be resolved by direct discussion or mediation must be brought in a State Distric t Court in New Jersey

Waiver. NCTI and GT’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NCTI and GT in writing.

Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms of Use shall remain in full force and effect.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the website must be filed within one year after such claim or cause of action arose or be forever barred.

Headings. The section headings and sub-headings contained in the Terms of Use are for convenience only and have no legal or contractual effect.

Support. If you have any questions or concerns about this website, the Terms of Use of Privacy Policy, please contact: infouse@ncti.com.