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Terms Of Use

Welcome to the Acero Health Technologies website.

Acero Health Technologies offers this website, acerohealth.com (the "Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on this Site.

Acero Health Technologies Inc. ("Acero Health Technologies")  provides its information to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.You can review the most current version of our TOU at any time through www.acerohealth.com and you should review the TOU each time you visit the Site. 

Acero Health Technologies may offer other services from time to time, such as its technology engine and individual products the use of which will be governed by additional and specificterms of use.

By accessing, browsing, and using the Acero Health Technologies Site(s), you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU set forth here, do not use this Site.

1. General Use

The information provided by Acero Health Technologies on this Site is general in nature and provided for informational purposes only. The Site is for your personal and noncommercial use. As a condition for your continued use of the Site, you warrant to Acero Health Technologies that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

You must be at least 18 years of age to use this Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.

The Acero Health Technologies solutions comprise several products and services ("Products").  Acero Health Technologies may add additional features to the current Products, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.

You acknowledge and agree that the information about Products is provided "AS IS" and that Acero Health Technologies assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.

In order to use the Products, you must obtain express permission or license for such use. 

2. Privacy Policy

Because like you, we are concerned about your right to privacy while accessing www.acerohealth.com and learning about our Products. Please take the opportunity to review our PRIVACY POLICY.

3. Registration Obligations

In consideration of your interestin our Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the any registration or contact us forms (such information being "Your Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Acero Health Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Acero Health Technologies has the right to suspend your access to information about our Products and to refuse any and all current or future use of the Products, or any portion thereof.

4. Acero Health Technologies Products

In addition to the TOU generally governing the Acero Health Technologies Site(s), additional terms and conditions specifically apply to your usage of the Acero Health Technologies Products. These additional terms and conditions will be supplied as part of a licensing agreement for Acero Health Technologies Products.

5. User Content

Any content that you upload or otherwise make available ("User Content")tothe Acero Health Technologies Site, you automatically grant and/or warrant that the owner has granted Acero Health Technologies, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content

6. Copyright

You acknowledge that Acero Health TechnologiesSite(s), their Products, any underlying technology used in connection with www.acerohealth.com, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Acero Health Technologies Site(s) are provided by Acero Health Technologies or third-party providers and are the copyrighted works of Acero Health Technologies and/or such third parties.

Except as expressly authorized by Acero Health Technologies or such third parties in this TOU or as may be posted on the Products, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Products, in whole or in part.

You may not store any significant portion of any Content or the Products owned by, or licensed to Acero Health Technologies in any form, whether archival files, computer-readable files, or any other medium unless expressly permitted in writing by Acero Health Technologies. You also may not "mirror" any Content or the Products on any other server.

You acknowledge that Acero Health Technologies and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.

7. Links

Some links on the Acero Health Technologies Site(s) lead to sites posted by independent site owners. Because Acero Health Technologies has no control over these sites, Acero Health Technologies is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Acero Health Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Acero Health Technologies and the linked sites. Acero Health Technologies is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Acero Health Technologies would be responsible for the actions of their respective owners.

8. Conduct

You may only access the Acero Health Technologies Site(s) and use the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products. You agree that you will not: (i) use the Products to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially oor otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Products; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Products or servers or networks connected to the Products, or disobey any requirements, procedures, policies, or regulations of networks connected to the Products; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of Acero Health Technologies,  the Products, or use of Acero Health Technologies Site(s), or the Products, or access to Acero Health Technologies Site(s), the Products; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that Acero Health Technologies does not pre-screen User Content, but that Acero Health Technologies shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through any Site.  Without limiting the foregoing, Acero Health Technologies has the right to remove any User Content that violates the TOU or is otherwise objectionable.  You agree and acknowledge that Acero Health Technologies may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Acero Health Technologies, its users and the public.

9. Disclaimer of Warranty

Reliance on any information presented on the Site is at your own risk. Acero Health Technologies reserves the right to change or discontinue any aspect or feature of the Web Site at any time.

Acero Health Technologies nor its employees, agents, partners, or licensors warrant that the Site or its operation will be accurate, reliable, or uninterrupted. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Acero Health Technologies is not responsible for any of these costs. No agent or representative of Acero Health Technologies has the authority to create any warranty regarding the Site.

Acero Health Technologies assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE.

ACERO HEALTH TECHNOLOGIES MAKES NO WARRANTIES ON THIS SITE WITH REGARDS TO ACERO HEALTH TECHNOLOGIES PRODUCTS AND SERVICES.

10. Limitation of Liability

IN NO EVENT SHALL ACERO HEALTH TECHNOLOGIES, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY.

10. Indemnification

You agree to indemnify and hold Acero Health Technologies, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Products, your use of the Products, your connection to the Products, or your breach of the TOU.

11. Trademark Notice

Acero Health TechnologiesTM, Acero Health Technologies (digital design and word) TM,  Powered by Acero Health Technologies (design and word), Acero Health Technologies logos, PlanXpand™, XpandCDH™, XpandVBB™, XpandPBM™, XpandHCR™, Acero Focus™, Acero Vision™, Acero Clarity™, and Acero are the trademarks, service marks, trade dress, and logos of Acero Health Technologies Inc. All other trademarks, service marks, trade dress, and logos used in Acero Health Technologies Site(s), the Acero Health Technologies Channels and the Products are the trademarks, service marks, trade dress, and logos of their respective owners.

12. Local Laws; Export Control

Acero Health Technologies controls and operates the Acero Health Technologies Site(s) from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the Acero Health Technologies Site(s)  from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Acero Health Technologies Site(s) and are solely directed to individuals, companies, or other entities located in the United States.

13. Modifications to the Service

Acero Health Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Acero Health TechnologiesSite(s) or the Products (or any part thereof) with or without notice. You agree that Acero Health Technologies will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Products.

14. Termination

You agree that Acero Health Technologies may terminate your use of the Web Site if Acero Health Technologies reasonably believes that you have violated or acted inconsistently with the letter or spirit of the TOU, or if you have violated the rights of Acero Health Technologies for any reason with or without notice to you. You agree that Acero Health Technologies may modify or discontinue your access to the Site, with or without notice to you. You agree that Acero Health Technologies will not be liable to you or any third party as a result of such modification or discontinuation.

15. General

By accessing the Acero Health TechnologiesSite(s), you agree to the above stated TOU. This Agreement is entered into in the Commonwealth of Virginia and shall be construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the Commonwealth of Virginia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within Acero Health Technologies.com® constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. 

Please report any violations of the TOU to marketing@acerohealth.com

Date Last Modified: December 28, 2011