General

Please review these Terms of Use (the “Terms”) carefully before using the website of Acer Innovation, Inc. (“Acer Innovation”) By accessing, browsing or using this website, you fully acknowledge that you have read, understood and agree to abide by these Terms and comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use Acer Innovation website. These Terms control your use of the website, any content (such as text, data, information, software, graphics or photographs) that Acer Innovation may make available through the website (collectively, “Materials”) and any services that Acer Innovation may provide through the website (collectively, “Services”).

Acer Innovation reserves the exclusive right to modify or update these Terms, make changes to this website, or discontinue any or all of the programs, products or services described in this website, without providing further notice. Additional or different Terms, notices and conditions may apply to specific information, products, materials, software or services offered through the Acer Innovation Website. Should a conflict arise, such additional or different terms, notices and conditions will prevail over these Terms, at which point please refer to the applicable notice or agreement.

Use of Web Site

You are hereby authorized by Acer Innovation to view, download, copy and print documents and the graphics incorporated therein ("materials") from this website subject to the following restrictions and in accordance with any written agreement between you and Acer Innovation:

1) The materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated;
2) All copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials;
3) You may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own;
4) You may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless Acer Innovation has given you prior written consent to do so;
5) You may not "mirror" or "frame" any portions of this website in any other environment without prior written consent from Acer Innovation;
6) And you may not display or transmit Acer Innovation RSS feed content in a manner that does not permit successful linking to, redirection to, or delivery of the applicable official Acer Innovation URL, and you may not insert any intermediate page, splash page, or other content between the Acer Innovation RSS link and the applicable official Acer Innovation URL.

Acer Innovation reserves the right to terminate the access of any user in its sole discretion, including users that do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others. You agree that you are expressly prohibited from using any materials found on this website to the detriment of Acer Innovation or its affiliates in any type of patent infringement proceeding. Your failure to comply with this prohibition constitutes copyright infringement of the materials at issue.

You are prohibited from posting or transmitting to Acer Innovation via this website any material that is unlawful, obscene, pornographic, libelous, defamatory, threatening, or otherwise inappropriate.

Accounts, Passwords and Security

If any of the services provided on this website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If Acer Innovation has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to Acer Innovation, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this website and registering for such services, you consent to Acer Innovation display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password. You agree to notify Acer Innovation immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. Acer Innovation is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Acer Innovation or any other party due to someone else using your account or password. You may not use anyone else's account at any time. Acer Innovation reserves the right to terminate your access this website should Acer Innovation in its sole discretion consider your use of this website to be inappropriate in any way. Upon termination of your access to this website, you must destroy all materials obtained from this website which permit identification of any individual.

Governing Law and Jurisdiction

This website is controlled by Acer Innovation from its office in Schaumburg, Illinois, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of Illinois.

Linking To Acer Innovation Website

Linking to the Acer Innovation Website (including an internal or subsidiary page of the website) must be approved in writing by Acer Innovation, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

Copyright

Except where otherwise specified, the contents of the Acer Innovation Website are copyright
Acer Innovation, Inc.,
10 N. Martingale Rd.
Suite #400,
Schaumburg, Illinois 60173,
U.S.A.
All rights reserved.

The contents of the Acer Innovation Website are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Acer Innovation Website, except as necessary to view the Acer Innovation Website.

Copyright Infringement Claims

Acer Innovation respects the intellectual property of others. If you have reason to believe that your work has been copied in a manner that constitutes copyright infringement, please notify the Acer Innovation Legal Team of your claim of infringement by submitting in writing all of the following:

Your contact information, including your mailing address, telephone number(s), and e-mail address; Your original or electronic signature, or that of the individual authorized to act on behalf of your interests as the copyright owner; A detailed description of the copyrighted material or work that you claim has been copied in a manner that constitutes copyright infringement; A detailed description of where on this website the copyrighted material or work that you claim is infringing is located. In your description, please include the URL and the exact date on which the material or work was displayed; A declaration made by you attesting to your good-faith belief that the alleged infringement has not been authorized by you as the copyright owner, your agent, or the law; A declaration made by you, under penalty of perjury, attesting that all of the information provided above is accurate and that you are the copyright owner or is authorized to act on behalf of the copyright owner for any and all matters relating to the claimed copyright infringement.

You may send a notice of claim of copyright infringement to the Acer Innovation Legal Department at:
Acer Innovation, Inc.
ATTN: Legal Department
10 N. Martingale Rd. Suite #400,
Schaumburg, Illinois 60173, U.S.A.
Email: info@acerinnovation.com

Links to Third Party Sites

The Acer Innovation Website may contain Links to third-party websites, which are provided solely for your convenience. Accessing these links will cause you to leave the Acer Innovation Website. Acer Innovation does not endorse or make any representations about such third party websites, and Acer Innovation is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Acer Innovation exercises no control over those websites and holds no responsibility over the contents of any third-party websites, any links contained in third-party websites or any modifications or updates made to third-party websites. Further, Acer Innovation shall not be held liable for any losses or damages incurred by users of these third-party websites. Please note that access and usage of these linked third-party websites, including any materials, information, services and products described or provided therein, is made solely at your own risk and discretion.

Indemnification

You agree to indemnify, defend and hold Acer Innovation, its parents, subsidiaries, affiliates, officers, directors, agents, partners, employees and licensors harmless from any claims, liabilities, demands, losses, damages, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Acer Innovation Website or violation of these Terms. Acer Innovation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Acer Innovation’s defense of such claim, and in no event may you agree to any settlement affecting Acer Innovation without Acer Innovation’s written consent.

Electronic Communications

When you visit the Acer Innovation Website or send e-mails to Acer Innovation, you are communicating with Acer Innovation electronically. We may respond to you by e-mail or by posting notices on the Acer Innovation Website. You agree that all such notices, disclosures and other communications that Acer Innovation provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers and Warranties

Information on the Acer Innovation Website is not promised or guaranteed to be correct, current or complete, and the Acer Innovation Website may contain technical inaccuracies or typographical errors. Acer Innovation assumes no responsibility (and expressly disclaims responsibility) for updating the Acer Innovation Website to maintain current information or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products, services or other matters described in the Acer Innovation Website. Acer Innovation provides no assurances that any reported problems will be resolved by Acer Innovation, even if Acer Innovation elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE ACER INNOVATION WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ACER INNOVATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACER INNOVATION MAKES NO WARRANTY THAT THE ACER INNOVATION WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE ACER INNOVATION WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL ACER INNOVATION BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR; (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACER INNOVATION WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ACER INNOVATION HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

The exclusion of certain warranties or the limitation or exclusion of liability for certain damages may not be authorized in some jurisdictions. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Acer Innovation may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Acer Innovation’s liability shall be the minimum permitted under such applicable law.