Terms of Use

By using and accessing AcadiaSoft Inc.’s (“AcadiaSoft”) website (the “Website”), you agree and accept to be legally bound by these terms of use (the “Terms of Use”) and you agree to the processing of your personal data in accordance with AcadiaSoft’s privacy policy: [https://acadiasoft.com/privacy-policy/] (the “Privacy Policy”). If you do not agree with these Terms of Use or the Privacy Policy, you should not use the Website.

Revisions to Terms of Use
AcadiaSoft may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean you accept those changes.

Prohibited Use of the Website

You agree not to:

  • use or access the Website for any fraudulent or unlawful purpose;
  • interfere with or disrupt the operation of the Website or access to it;
  • transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file or program;
  • restrict or inhibit the ability of any other person to access or use the Website;
  • modify, adapt or translate any portion of the Website;
  • remove, obscure or modify any copyright, trademark or other proprietary rights notice from the Website.

Links to third party websites

This Website may provide links or references to non-AcadiaSoft websites and resources. AcadiaSoft makes no representations, warranties, or other commitments or endorsements whatsoever about any non-AcadiaSoft websites or third-party resources that may be referenced, accessible from, or linked to this Website. In addition, AcadiaSoft is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Website.

Intellectual property rights
The Website is owned by AcadiaSoft. Any and all intellectual property rights (including copyrights, trademark rights, patent rights, as well as any other intellectual property rights or other rights) in all information and content (including all text, data, graphics, logos, structure and layout) on the Website is the exclusive property of AcadiaSoft or its affiliates or licensors.
AcadiaSoft and MarginSphere are registered trademarks of AcadiaSoft. Any other trade names, trademarks, logos, and service marks on the Website are the exclusive property of their respective owners.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ACADIASOFT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ACADIASOFT MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACADIASOFT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ACADIASOFT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.


Termination
The Terms of Use, as amended from time to time, shall remain effective for 10 years following your last use of the Website or until terminated by AcadiaSoft. AcadiaSoft shall have the right to terminate or limit your access to and use of the Website at any time without notification.

Applicable law and disputes
These terms of use will be governed by and construed in accordance with the laws of the State of New York, without application of New York conflicts of laws principles.  AcadiaSoft and you submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York or any court of the State of New York located in the County of New York in any action or proceeding arising from or relating to these Terms of Use.