Terms and Conditions

Thanks for visiting the Acorn (“Acorn”) website located at www.acorntechsystems.com (the “Site”). The following Terms of use (“Terms”) govern your use of this Site. By using this Site, you are indicating that you’ve read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you don’t agree to these Terms, you are not granted permission to use this Site and must stop using the Site. The information on this Site is for informational purposes only. Acorn is not responsible for any errors or omissions on the Site, including any materials found on the Site.

Acorn owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts, documentation, and other material on, or made available through, the Site, as well as the selection, coordination, arrangement, manipulation, and organization and enhancement of the materials found here. Under no circumstances will you have any rights of any kind to the Site and the materials on the Site, other than the right to use the Site in accordance with these Terms.

Liability

Acorn and its affiliates, subsidiaries and licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or Acorn had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of Acorn and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. If you are dissatisfied with the Site, or with any of these Terms, or feel Acorn has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

Governing Law and Jurisdiction

These Terms represent the entire agreement between you and Acorn, with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Miscellaneous

The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limitation, Acorn makes no representation that the Site, services, products, information or other materials available on, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Acorn to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms.