ACCUSHIELD, LLC – SALES ORDER TERMS AND CONDITIONS

Effective date: Thursday, April 19th, 2018

  1. Acceptance of Terms. These terms and conditions are incorporated by reference into Sales Orders for the products and services offered to Communities by Accushield, LLC (“Accushield”). When executed by a Customer and accepted by Accushield, each such Sales Order, together with these terms and conditions, constitutes a binding agreement between Accushield and the Customer identified in the Sales Order. Customer’s use of any Accushield product or service listed on the Sales Order constitutes Customer’s agreement to be bound by such Agreement, including these terms. In the event of any conflict between these terms and conditions and the Sales Order, the provision in the Sales Order will govern. These terms and conditions are subject to change by Accushield as described in section 14 below.
  2. Certain Definitions. As used herein, the following terms have the meanings set forth below. Other capitalized terms used herein may be defined elsewhere in these terms and conditions or in the Sales Order.
    1. “Application” means Accushield’s software system used to record Community sign-in data, verify if a Vendor Employee satisfies a Community’s credential criteria, and otherwise enable the Services.
    2. “Community” means one or more skilled nursing communities, or assisted living, independent living or continuing care retirement communities, operated by Customer.
    3. “Documentation” means all user guides, FAQs, manuals, specifications, tutorials, or similar items provided by Accushield, in written or electronic form only, as the same may be updated by Accushield from time to time.
    4. “Sales Order” means one or more Sales Orders for the Services and related equipment.
    5. “Resident” means a registered resident or patient of a Community.
    6. “Resident Guest” means a family member or other intended guest of a Community Resident, other than a Vendor Employee.
    7. “Services” means the services provided by Accushield to Customer and its Communities, including (i) a digital sign-in kiosk running the Application and used to validate the authorized entry of outside caregivers, service providers and other visitors, and permit caregiver reporting to families of Community residents; (ii) if credentialing is indicated on the Sales Order, a system whereby certain credentials of outside caregivers and other service providers are collected and validated; and (iii) an online Community Portal offering enhanced data reporting tools.
    8. “Term” means the initial term of this Agreement and any renewal or extension thereof.
    9. “Vendor Employee” means a person having a business need to access a Community and employed or contracted by, or as, a vendor or service provider to Customer or to a Resident.
  3. Term of Agreement. The initial term of this Agreement begins on acceptance of the Sales Order and, unless terminated earlier pursuant to its terms, will continue until each Community set forth in the Sales Order has received the Accushield Services for a period equal to the service period set forth in the Sales Order. At the end of the initial term, this Agreement will automatically renew for a single period equal to such service period unless Customer notifies Accushield at least ninety (90) days prior to such date that it is electing not to renew. If this Agreement is renewed, Customer agrees to pay Accushield a renewal fee as set forth in the Sales Order. Customer should contact Accushield if it is not sure of the expiration date for this Agreement.
  4. Equipment; Limited Warranty. Upon payment of the applicable fees, Accushield will provide Customer with the equipment designated in the Sales Order. Throughout the initial term of this Agreement, so long as Customer is not in breach of its obligations under this Agreement, Accushield will repair or replace, at its option and at its expense, any component of such equipment that fails to operate in accordance with the Documentation. The same will apply during any renewal of the initial Term, provided the renewal fee set forth in the Sales Order is paid. Notwithstanding the foregoing, Customer may be charged for any repair or replacement due to (a) theft or loss from a Community, (b) Customer’s misuse, alteration or attempted modification, or (c) the negligence of Customer or any Community staff. This section sets forth Customer’s sole and exclusive remedy with respect to equipment provided by Accushield.
  5. Application and Services; Limited Warranty. Throughout the Term of the Agreement, Accushield will host, manage and operate the Application in conformance with the Documentation. Customer shall also have access to Accushield’s Community Portal data service (the “Portal”). Customer will only authorize use of the Application or Portal by those of its personnel who have been properly trained and assigned login credentials. Customer will promptly notify Accushield if it becomes aware of any actual or attempted use by unauthorized persons. In the event of any unplanned Application downtime or failure to operate in accordance with the Documentation due to factors within Accushield’s reasonable control, upon request, Accushield will provide Customer with a prorated credit of any monthly fees paid with respect to such downtime, calculated based on the number of days in which Service was materially impaired. This section sets forth Customer’s sole and exclusive remedy with respect to the Application and Services.
  6. Credentialing; Other Entry.
    1. If Customer has elected to utilize Accushield’s credentialing services, it shall select those particular credentials and other criteria for Accushield to collect. Such selection will be made during implementation and set forth in an addendum to be executed by both parties. Upon execution, such addendum shall be deemed incorporated into this Agreement by this reference. In addition, from time to time, Customer may notify Accushield that certain Vendor Employees or other persons are to be permitted access to Customer’s Communities without regard to their credential status. Accushield shall be permitted to conclusively rely on such notice (which may be by email, notwithstanding anything to the contrary elsewhere herein) without liability whatsoever.
    2. Customer acknowledges that Vendor Employees who first register with Accushield are allowed thirty (30) days to submit valid credentials and that, in order to avoid any interruption of vital services to Residents, such Vendor Employees will be given provisional access to applicable Communities during such period. Customer also acknowledges that Vendor Employees (or their employers), will be required to pay a monthly fee to Accushield for the validation and collection of required credentials, and that failure to pay such fee will cause them to be denied access to Communities.
    3. Whether or not Customer utilizes credentialing services, Customer acknowledges and agrees that (a) Resident Guests will be given access to communities through Accushield’s sign-in kiosk without Accushield having collected any credential information, and (b) Accushield will have no liability for any act or omission of a Resident Guest or of any other person that Community staff elect to grant access to without such person having had his or her credentials submitted to Accushield.
    4. Customer shall include in its agreement with each Resident, or otherwise obtain in writing, an acknowledgment by such Resident (or his or her personal representative) that Resident Guests or Vendor Employees (including medical caregivers) may have access to the Community denied or limited by Customer for reasons of safety or security or for the failure to properly submit and maintain credentials to Accushield and pay all required credentialing fees, or otherwise follow any Community rules and procedures.
  7. Fees and Payment. Customer agrees to pay Accushield the amounts set forth in the Sales Order throughout the Term. Fees for equipment are due upon execution of the Sales Order, and equipment will not be shipped until such payment is received. Monthly fees will be due once per month. Customer hereby consents to Accushield obtaining such payment by ACH or credit card in accordance with instructions provided by Customer, if any. If any such payment is rejected, Customer will remain responsible for all payments due hereunder as well as any expenses incurred to collect late payments.
  8. Proprietary Rights. Customer agrees to use the Accushield equipment, Services and Application, and the data generated by them, only as described in the Documentation and only for its internal business purposes. Accushield hereby grants Customer, for use during the Term and only to the extent necessary for such permitted use, a non-exclusive, non-transferable license to the Accushield intellectual property incorporated into or embodied by such items. Subject only to the foregoing, Accushield, for itself and for its own licensors, retains all right, title and interest to such intellectual property, including all trade secrets and all data generated by the Application or any other Service. Customer acknowledges and agrees that all data generated by the Application and other Services shall be owned by Accushield, and that Accushield shall be free to create additional products or services that utilize such data (subject to applicable law) without compensation to Customer. Accushield shall also have the right, without obligation or compensation to Customer, to use and commercialize any feedback regarding Accushield products and Services provided by Customer or any visitor to its Communities.
  9. Confidentiality. During the Term, each party may obtain access to information of the other that is of a confidential or proprietary nature. Such information is collectively referred to as “Confidential Information.” A party may not use Confidential Information of the other party except as expressly contemplated by this Agreement, and shall not disclose it to any third party without the other party’s prior written consent. Notwithstanding the foregoing, disclosure is permitted to the extent required by law or court order, provided the party subject to such law or order first gives reasonable notice to the other party (unless prohibited by law or court order) and, if requested, provides reasonable assistance in obtaining a protective order or limiting the scope of such disclosure. Confidential Information does not include information (a) that a party independently develops (without use of any other Confidential Information of the other party), (b) that was rightfully given to such party by a third party without any conflicting obligation of confidentiality, or (c) that becomes public through no fault of the party in receipt of the other’s Confidential Information.
  10. Insurance. Throughout the Term, Customer shall carry and maintain in full force and effect at least the following types and amounts of insurance coverages (a) commercial general liability with limits no less than $1,000,000 for each occurrence and $3,000,000 in the aggregate, including bodily injury and property damage and (b) workers’ compensation insurance in accordance with minimums required by applicable law.
  11. Termination. This Agreement may only be terminated prior to the end of its Term (a) by immediate notice from the non-breaching party in the event of a material breach by the other party which, if curable, remains uncured for thirty (30) days following written notice from the non-breaching party, (b) by immediate notice from either party in the event any legal or regulatory requirement makes it unlawful or economically impractical for such party to continue its performance hereunder, or (c) as set forth in Section 14 below.
  12. Indemnification.
    1. Accushield agrees to indemnify, defend and hold harmless Customer, its successors and assigns and each of their respective directors, officers, employees and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) (collectively “Losses”) incurred by such persons as a result of any intentional breach by Accushield of its confidentiality obligations under Section 9.
    2. Customer agrees to indemnify, defend and hold harmless Accushield, its successors and assigns and each of their respective directors, officers, employees and agents, against any and all Losses arising out of or related to a claim by any third party, including Community staff, Residents, Resident Guests, or any other person who was present at a Community alleging (i) any harm in connection with Customer’s use of the Services for visitor validation or alleging a failure by Accushield to adequately protect against such harm, (ii) any negligent act or willful misconduct by Customer or its employees or agents, or (iii) any breach of this Agreement by Customer.
  13. Acknowledgment; Disclaimer and Limitation of Liability.
    1. CUSTOMER ACKNOWLEDGES THAT (I) THE VERIFICATION SERVICES PROVIDED BY ACCUSHIELD ARE LIMITED TO VERIFYING IF THE INFORMATION SUBMITTED BY OR ON BEHALF OF VENDOR EMPLOYEES SATISFIES CREDENTIALS ESTABLISHED BY THE CUSTOMER, AND DO NOT INCLUDE INDEPENDENT VERIFICATION AS TO THE ACCURACY OR LEGITIMACY OF SUCH INFORMATION, AND (II) ACCUSHIELD DOES NOT PERFORM ANY BACKGROUND OR CRIMINAL CHECKS AND RELIES ON THIRD PARTY SERVICE PROVIDERS FOR SUCH INFORMATION, WHICH INFORMATION MAY CHANGE AFTER THE TIME IT IS REVIEWED BY ACCUSHIELD. THE SERVICES PROVIDED BY ACCUSHIELD ARE NOT A SUBSTITUTE FOR CUSTOMER’S DUE DILIGENCE WITH RESPECT TO COMMUNITY VISITORS OR FOR IMPLEMENTATION OF OTHER APPROPRIATE SECURITY MEASURES.
    2. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (I) ACCUSHIELD MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, BY STATUTE, COURSE OF DEALING OR OTHERWISE, REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED, AND (II) EQUIPMENT AND SERVICES ARE PROVIDED “AS IS” AND ACCUSHIELD MAKES NO WARRANTY THAT THE SERVICES OR EQUIPMENT WILL FUNCTION AS INTENDED OR THAT THEY WILL BE AVAILABLE OR FREE FROM BUGS OR OTHERWISE MEET CUSTOMER’S NEEDS.
    3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR ITS INDEMNITY OBLIGATION AND THE LIMITED WARRANTIES PROVIDED HEREIN, IN NO EVENT WILL ACCUSHIELD BE LIABLE TO CUSTOMER WITH REGARD TO ANY MATTER ARISING OUT OF THE AGREEMNT FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ACCUSHIELD HAS BEEN ADISED OF THE POSSIBILITY OF SUCH CLAIMS, AND EVEN IF A LIMITED WARRANTY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT ANY PORTION OF THE FOREGOING IS DEEMED UNENFORCEABLE, THE MAXIMUM LIABILITY OF ACCUSHIELD TO CUSTOMER HEREUNDER SHALL BE AN AMOUNT EQUAL TO THE FEES PAID TO ACCUSHIELD BY CUSTOMER DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EARLIEST EVENT GIVING RISE TO CUSTOMER’S CLAIM.
  14. Amendment to Terms. Except as otherwise set forth herein, no change to the terms set forth in the Sales Order will be effective unless signed by both parties. Accushield reserves the right to update and revise these terms and conditions from time to time. In such event, it will provide Customer at least thirty (30) days’ prior notice (which may be electronic or written). Unless Customer objects to such change, it shall be effective as of the date provided in the notice. If Customer objects to such change, it must provide Accushield with a written objection at least ten (10) business days prior to the effective change date. Accushield shall have ten (10) business days from receipt of an objection to provide Customer written notice that, as to such Customer only, the change is rescinded. If Accushield does not provide such notice, Customer shall be entitled, during the 30-day period following the effective date of the change, to terminate this agreement without penalty. If it does not terminate during such period, the change shall be deemed agreed to and applicable to Customer.
  15. Other Terms.
    1. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement shall be settled solely by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator and the place of arbitration shall be Fulton County, Georgia. The arbitration shall be governed by the laws of the State of Georgia (other than choice of law principles thereof). The prevailing party shall be entitled to an award of reasonable attorney fees. Notwithstanding the foregoing, each party agrees that the other shall be entitled to specific performance of the other’s obligations under Sections 8 and 9 without any requirement to post a bond or prove damages.
    2. Assignability; Successors. This Agreement may not be assigned by Customer, nor transferred by operation of law, without Accushield’s prior written consent. Any direct or indirect transfer of a controlling interest in Customer, or any merger which results in a change in the ownership of a controlling interest of Customer, shall be deemed an assignment for which Accushield consent is also required. Any attempt at such actions without consent shall be void and of no effect. Subject to the foregoing, this agreement shall be binding on any successor and shall inure to the benefit of any permitted assign.
    3. Severability. If any of the provisions of this Agreement are determined to be unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired, and the parties shall substitute an enforceable provision for the affected provision which approximates the intent and economic effect of the affected provision as closely as possible.
    4. Entire Contract. This Agreement, including these terms and conditions, the Sales Order, and the credential selection referred to in Section 6.c, comprises the entire agreement of the parties concerning the subject matter hereof, and supersedes all prior writings, discussions, representations and understandings with respect thereto.
    5. Waiver. No failure to exercise any right hereunder will be deemed a waiver of such right, and any waiver must be set forth in writing signed by the waiving party. The waiver of a breach of any provision of this Agreement on one occasion shall not operate as a waiver of any subsequent breach or of any other provision.
    6. Third Party Beneficiaries. Except for the indemnified parties identified in Section 12, there are no third-party beneficiaries to this Agreement.
    7. Construction. The parties agree that “including” shall not be construed as a term of limitation, so that references to “included” matters shall be regarded equivalent to the term “including, but not limited to.” The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. The captions and other headings contained in this Agreement are inserted for convenience of reference only and shall not affect the interpretation or meaning of this Agreement.
    8. Notices. Except as set forth in Section 14, any notice, request, consent, waiver or other communication required or permitted under the Agreement shall be effective only if it is in writing and shall be deemed to have been duly given (i) on the date of delivery, if given personally, (ii) one business day after being sent by national overnight carrier for next day delivery, charges prepaid, or (iii) on the third day after mailing by first class mail, registered or certified, return receipt requested, with postage prepaid. Notices shall be sent to each party at the address set forth on the Sales Order or to such other address as a party may provide using one of the methods permitted herein.

 

 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to www.accushield.com and Accushield, LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Accushield, LLC include www.accushield.com and Accushield. The Accushield website is a information and ecommerce site. By using the Accushield website, you consent to the data practices described in this statement.

Collection of Your Personal Information
Accushield may collect personally identifiable information, such as your: If you purchase Accushield’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Accushield encourages you to review the privacy statements of websites you choose to link to from Accushield so that you can understand how those websites collect, use and share your information. Accushield is not responsible for the privacy statements or other content on websites outside of the Accushield website.

Use of Your Personal Information
Accushield collects and uses your personal information to operate its website(s) and deliver the services you have requested. Accushield may also use your personally identifiable information to inform you of other products or services available from Accushield and its affiliates. Accushield may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Accushield does not sell, rent or lease its customer lists to third parties. Accushield may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Accushield, and they are required to maintain the confidentiality of your information. Accushield will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Accushield or the site; (b) protect and defend the rights or property of Accushield; and, (c) act under exigent circumstances to protect the personal safety of users of Accushield, or the public.

Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Accushield. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Accushield website.

Security of your Personal Information
Accushield secures your personal information from unauthorized access, use, or disclosure. Accushield uses the following methods for this purpose: When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen
Accushield does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Accushield by contacting us here:

Changes to this Statement
Accushield will occasionally update this Statement of Privacy to reflect company and customer feedback. Accushield encourages you to periodically review this Statement to be informed of how Accushield is protecting your information.

Contact Information
Accushield welcomes your questions or comments regarding this Statement of Privacy. If you believe that Accushield has not adhered to this Statement, please contact Accushield at:

Accushield, LLC
2030 Powers Ferry Rd, SE
Atlanta, Georgia 30339

Email Address: support@www.accushield.com

Telephone number: 800.478.5085

Effective as of September 26, 2017

Terms of Use

Agreement between User and www.accushield.com
Welcome to www.accushield.com. The www.accushield.com website (the “Site”) is comprised of various web pages operated by Accushield, LLC (“Accushield”). www.accushield.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.accushield.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.accushield.com is an E-Commerce Site.
This website is to serve as information regarding the Accushield visitor sign-in system as well as collect payment from vendors.

Privacy
Your use of www.accushield.com is subject to Accushield’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.accushield.com or sending emails to Accushield constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Accushield is not responsible for third party access to your account that results from theft or misappropriation of your account. Accushield and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Accushield does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.accushield.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
www.accushield.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Accushield and Accushield is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Accushield is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Accushield of the site or any association with its operators. Certain services made available via www.accushield.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.accushield.com domain, you hereby acknowledge and consent that Accushield may share such information and data with any third party with whom Accushield has a contractual relationship to provide the requested product, service or functionality on behalf of www.accushield.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.accushield.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Accushield that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Accushield or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Accushield content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Accushield and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Accushield or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Accushield from our offices within theUSA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Accushield Content accessed through www.accushield.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Accushield, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Accushield reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Accushield in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Accushield, llc and/or its suppliers may make improvements and/or changes in the site at any time. Accushield, llc and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Accushield, llc and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall accushield, llc and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if accushield, llc or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction
Accushield reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Accushield as a result of this agreement or use of the Site. Accushield’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Accushield’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Accushield with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Accushield with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Accushield with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Accushield reserves the right, in its sole discretion, to change the Terms under which www.accushield.com is offered. The most current version of the Terms will supersede all previous versions. Accushield encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Accushield welcomes your questions or comments regarding the Terms:
Accushield, LLC
2030 Powers Ferry Rd SE ste. 360
Atlanta, Georgia 30318

Email Address: info@www.accushield.com

Telephone number: (800) 478-5085

Effective as of September 26, 2017