Terms of Service

GENERAL

By logging into our system, you, the undersigned customer (“You”), agree to the Terms of Service (“TOS”) provided by American-Aca. These TOS govern the services provided by American-Aca and are subject to updates at the discretion of American-Aca with prior notice sent via email.

 

DESCRIPTION OF PRODUCTS & SERVICE

American-Aca offers an innovative web-based platform (the “Service”) that enables users to transmit information through SMS text messages. By using the Service, you acknowledge that it may include certain email communications from American-Aca, such as service announcements and administrative messages, which are considered part of your membership. Any new features that enhance or expand the current Service will also be subject to the TOS. The Service is provided on an “AS-IS” basis, and you are responsible for obtaining access to it, including any associated fees and equipment requirements.

 

AMERICAN-ACA PRIVACY POLICY

To set up your account, American-Aca may require certain information from you. Rest assured that American-Aca will never share your information with anyone without your prior approval, except when required by law. As part of the service, American-Aca collects the phone numbers of prospective members accessing information via text message (SMS), but these phone numbers will never be shared.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completing the registration process, you will receive a password and account designation for the Service. You are responsible for maintaining the confidentiality of your password and account, as well as all activities that occur under your account. It is your responsibility to notify American-Aca immediately of any unauthorized use or security breaches and to ensure that you log out at the end of each session. Failure to comply may result in loss or damage for which American-Aca is not liable.

 

MEMBER CONDUCT

By using the Service, you acknowledge and agree that American-Aca may access, preserve, and disclose your account information and content if required by law or in good faith belief that such access is necessary to comply with legal process, enforce the TOS, respond to customer service requests, protect the rights, property, or safety of American-Aca, its users, and the public, or in response to a legally issued subpoena or court order. You also understand that the technical processing and transmission of the Service may involve network transmissions and adaptations to meet technical requirements. The Service may contain security components to protect digital materials, and you are prohibited from attempting to override or circumvent usage rules embedded into the Service. Unauthorized reproduction, distribution, or exhibition of materials provided by the Service is strictly prohibited.

 

INDEMNITY

You agree to defend, indemnify, and hold American-Aca, its officers, agents, and employees harmless from any claim, complaint, demand, or lawsuit, including reasonable attorneys’ fees, arising from your subscription with American-Aca or your use of their services.

 

NO RESALE OF SERVICE

The American-Aca service is non-transferable, and you are prohibited from reproducing, selling, trading, or exploiting any portion of the Service for commercial purposes.

 

MODIFICATIONS TO SERVICE

American-Aca reserves the right to modify or discontinue the Service, either temporarily or permanently, with or without notice.

 

TERMINATION

American-Aca may terminate your account and access to the Service under certain circumstances and without prior notice. Causes for termination include breaches of the TOS, requests from law enforcement or government agencies, self-initiated account deletions, discontinuance or material modification of the Service, unexpected technical or security issues, or engagement in fraudulent or illegal activities. Termination of your account will result in the deletion of your password and account information, as well as the restriction of further Service use. American-Aca holds sole discretion in terminating accounts and is not liable for any resulting loss or damage.

 

AMERICAN-ACA PROPRIETARY RIGHTS

You acknowledge and agree that the Service and the accompanying software contain proprietary and confidential information protected by intellectual property and other laws. Unless expressly authorized by American-Aca, you are prohibited from modifying, renting, leasing, selling, distributing, or creating derivative works based on the Service or the Software.

 

DISCLAIMER OF WARRANTIES

Your use of the Service is at your own risk, and American-Aca disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. American-Aca does not guarantee uninterrupted, timely, secure, or error-free Service, nor does it guarantee the accuracy or reliability of the results obtained from using the Service. Any advice or information obtained through the Service does not create any warranty beyond what is expressly stated in the TOS. Certain individuals may experience epileptic seizures or symptoms, and if you or your family have an epileptic condition, it is advised to consult a physician before using the Service. Discontinue use and consult a physician if you experience any adverse symptoms while using the Service.

 

LIMITATION OF LIABILITY

American-Aca shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Service, or the cost of obtaining substitute goods and services or any other matter related to the Service.

 

EXCLUSIONS AND LIMITATIONS

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

 

NOTICE

American-Aca will provide notices, including changes to the TOS, via email, regular mail, or postings on the Service.

 

TRADEMARK INFORMATION

The American-Aca logo, trademarks, service marks, and other associated names are owned by American-Aca. American-Aca grants you permission to use their marks in advertising and marketing campaigns.

 

GENERAL INFORMATION

The TOS constitute the entire agreement between you and American-Aca, superseding any prior agreements regarding the Service. The TOS and your relationship with American-Aca are governed by the laws of the State of Massachusetts, and any disputes shall be submitted to the personal and exclusive jurisdiction of the courts within the State of Massachusetts. Failure to enforce any right or provision of the TOS does not constitute a waiver, and if any provision is found invalid, the remaining provisions shall remain in effect. American-Aca account is non-transferable and terminates upon your death. Any claims or causes of action must be filed within one year after they arise. The section titles in the TOS are for convenience only and hold no legal effect.

 

VIOLATIONS

Please report any TOS violations to the Violation Team at [email protected]