Terms & Conditions

ACIRE23 NETWORK TERMS OF USE

Welcome to Acire23 Network! Acire23 Network is an online platform dedicated to global real estate, funding, relocation, listings, disaster management, professional services, routine maintenance, home renovation and design. We bring together homeowners, home professionals, agents, sellers of home goods. Through Acire23 Network, people can find or offer design ideas, advice, products, and services related to interior and exterior renovation and design.

These Terms of Use (the “Terms” or the “Agreement”) set forth the binding legal agreement between you and Acire23 Network LLC (“Acire23” or “us”). The Agreement governs your use of www.Acire23Network.com and all of the related websites, mobile apps, products and services offered by Acire23 Network, including our plug-ins and browser extensions (collectively, the “Acire23 Network Platform” or “Services).

We refer to the e-commerce marketplace on the Acire23 Network Platform as the “SHOP Acire23 Network.” If you visit or make a purchase or sale through the SHOP Acire23 Network through www.Acire23 Network .com or the related mobile app experience, or if you create an account on the Acire23 Network Platform, you agree to be bound by this Agreement.

These Terms provide important information to you, including your agreement under Section 8 to resolve any disputes by individual action, in this case, arbitration, and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 8 below. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

The Terms also cover your agreement to grant us rights to your content, limitation of our liability to you as provided herein and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us including for marketing purposes in accordance with applicable law.

We encourage you to review this Agreement carefully, including by the assistance of a legal practitioner of your choice, if you so desire. By accessing or using the Acire23 Network Platform in any way, including browsing www.Acire23 Network .com or enjoying the services in any other way, you are agreeing to these Terms in their entirety, and thereby obtain a limited, non-restricted licence to use or access the Acire23 Network Platform. If you do not agree to any of the Terms, you may not use the Acire23 Network Platform.

1. Using the Acire23 Network Platform

Eligibility for use

You must be at least the age of majority in the state where you live to use the Acire23 Network Platform. Use of the Acire23 Network Platform by anyone under 16 years of age is strictly prohibited! and the limited, non-exclusive licence herein will be automatically withdrawn.

Registration

Access to certain functionalities of the Acire23 Network Platform will require you to register with us and to create a profile on our Platform. If you register on the Acire23 Network Platform, you agree to provide us with accurate information and update it as needed for accuracy. We will treat your personal information you provide as part of registration in accordance with our Privacy Policy. You also may have the option, at your sole discretion, to register for an account by linking your Facebook, Google, or Apple account.

Privacy Policy

Our privacy practices are set forth in our Privacy Policy. By using the Acire23 Network Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on Acire23 Network.

Profile for Professionals

If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Acire23 Network Platform while identified by your professional profile. Your professional profile is subject to our Professional Profile Policy. You affirm that you possess any qualification you profess to have, or any licence or authorization required for the provision of any professional services you hold yourself out to provide.

Acceptable Use Policy

When using the Acire23 Network Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy. You shall not use the Acire23 Network Platform to execute any unlawful act including stalking, harassments, disinformation and including in furtherance of, or for the purpose of executing a fraud, money laundering or financing of terrorism.

Prohibited Products Policy

If you are a professional, vendor, or seller, who is authorized to offer products through the Acire23 Network you agree to abide by the Prohibited Products Policy. This will include products or services that are deceptive, unfair, predatory or prohibited by applicable law; and any product that infringes the IP of a third party or counterfeit goods or brand or goods or products capable of damaging the reputation of Acire 23 or of other third parties;

Termination

You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Acire23 Network Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Acire23 Network policy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Acire23 Network Platform, certain provisions will survive termination, as detailed in Section 10(m).

Feedback

We welcome your feedback and suggestions about how to improve the Acire23 Network Platform. Feel free to submit feedback at https://support@Acire23 Network.com. By submitting feedback in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you, as further described in Section 2(b) below. However, we disclaim any obligation to, and you agree that, no obligation is imposed on us to, use the feedback you provide in any particular way, or as you recommend.

2. Your Content

Definition of Your Content

The Acire23 Network Platform enables you to post materials, including without limitation photos, profile pictures, messages, comments, proposals, invoices, to-do lists, schedules, change orders, time and expense tracking, Room Boards, and tear sheets. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the Acire23 Network Platform will be referred to collectively as “Your Content.”

License and Permission to Use Your Content

You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content, for our marketing and other business purposes. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content, including your right of attribution. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice, image and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law and after due notice to us. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

Ownership

We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive licence and rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to Acire23 Network product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, although you agree that no liability shall arise against us in any case we fail to do so, and (b) we will not license or sublicense to third parties’ individual photos or collections of photos, except in each case for Acire23 Network marketing and other Business Purposes.

“Acire23 Network Business Purposes”

means any use in connection with a Acire23 Network -branded or co-branded website, application, publication or service, or any use which advertises, markets, or promotes the Acire23 Network Platform, the Services, or the information it contains, Acire23, or its affiliates. Acire23 Network Business Purpose specifically includes the use of Your Content on the Acire23 Network Platform in connection with features and functions offered by Acire23 Network to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).

Your Responsibilities for Your Content

By posting, uploading, or submitting Your Content on the Acire23 Network Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate Acire23 Network ‘s Acceptable Use Policy, Professional Profile Policy, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content, and to indemnify Acire23 where such violating content causes liability to Acire23.

Limits

We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Professional Profile Policy, Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to remove Your Content, in whole or in part, submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a review, the requirements will be governed by our Review Policy.

3. Our Content and Materials

Definition of Our Content and Materials

All intellectual property in or related to the Acire23 Network Platform (specifically including, but not limited to, our software, the Acire23 marks, the Acire23 logo, and Acire23 buttons, badges, and widgets, but excluding Your Content), is the property of Acire23, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).

Our License to You

Subject to these Terms, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the Acire23 Network Platform or the Services. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Professional Profile or you’re entering a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the Acire23 Network Platform must be limited to a personal non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

No Endorsement or Verification

Please note that the Acire23 Network Platform enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Acire23 Network does not conduct background checks or otherwise vet the professionals listed on the Acire23 Network Platform. Participation or availability on the Acire23 Network Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Acire23 Network Platform by anyone.

Restrictions

Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Acire23 Network ‘s permission to you for your use of the Acire23 Network Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Acire23 Network Platform. You may view and print a reasonable number of copies of web pages located on the Acire23 Network Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Acire23.

Ownership

You acknowledge and agree that the Acire23 Network Platform and Acire23 Network marks will remain the property of Acire23 Network. The content, information and services made available on the Acire23 Network Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Acire23 Network Platform.

4. Other Offerings on the Acire23 Network Platform

Purchase of Goods through the Acire23 Network

Acire23 and third-party sellers offer home goods, furniture, and other products for sale on the Acire23 Network Platform. If you purchase products on the Acire23 Network Platform, your purchase is subject to the Acire23 Terms of Sale. The availability of products sold by third-parties on the Acire23 Network Platform does not imply our endorsement or verification of the products or their descriptions. You will be required to assent to the terms of sale, and your continuation with any purchase or transaction without positively assenting to same is an indication of your acceptance of the terms of sale.

Invoice Payments

If you use the Acire23 Network Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. If you are involved in a credit card dispute involving a payment made through or in connection with the Acire23 Network Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.

Embed Tool

If you are a user of the embed tool, which enables you to link to content on the Acire23 Network Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.

Third-Party Services

You may be provided the opportunity on the Acire23 Network Platform to purchase services that are offered by third parties (collectively “Third-Party Services”), including those offered by professionals registered with Professional Profiles on the Acire23 Network Platform. The availability of any Third-Party Services on the Acire23 Network Platform does not imply our endorsement of the Third-Party Services.

Third-Party Sites

The Acire23 Network Platform may contain links to other websites (the “Third-Party Sites”) for your convenience. We do not control the linked websites, or the content provided through such Third-Party Sites, neither do we in any way act as the agents or representatives of the Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

5. Reporting Violations of Your Intellectual Property Rights, Acire23 Network Policies, or Applicable Laws

We have a special process for reporting violations of your intellectual property rights or other violations of Acire23 Network policies or applicable laws.

Copyright and Trademark Policy

We have adopted and implemented a Copyright and Trademark Policy. In any event where you believe either as a copyright or trademark owner or such owner’s agent that any material on the Acire23 Network Platform constitutes an infringement of its/his/her copyright or trademark, you may issue the Acire23 a copyright infringement notice, and such notice shall contain the following: (a) identification of the material that is claimed to be infringing; (b) your contact information, including your address, telephone number, and an email; (c) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright or trademark owners; and (d) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner; and (e) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.

Reports of Other Violations

If you believe content on the Acire23 Network Platform violates Acire23 Network ‘s Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark).

We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

6. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ACIRE23 ENTITIES TOGETHER WITH THEIR AFFILIATES TO YOU.

THE “ACIRE23 ENTITIES” MEANS ACIRE23 NETWORK LLC., ACIRE23 NETWORK LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

WE ARE PROVIDING YOU THE ACIRE23 NETWORK PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE ACIRE23 NETWORK ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

THE ACIRE23 NETWORK ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE ACIRE23 NETWORK PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE, AND (v) THE QUALIFICATIONS OR LICENCE OF THE PROFESSIONAL SERVICE PROVIDERS ON THE ACIRE23 NETWORK PLATFORM.

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE ACIRE23 NETWORK ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE ACIRE23 ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE ACIRE23 ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ACIRE23 NETWORK PLATFORM OR SERVICES OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO ACIRE23 NETWORK IN CONNECTION WITH THE ACIRE23 NETWORK PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

YOUR USE OF THE ACIRE23 NETWORK PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

7. Indemnification

You agree to fully indemnify, defend, and hold Acire23 Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Acire23 Network Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Acire23 Network Platform or other websites to which the Acire23 Network Platform is linked; and/or (d) your negligent or willful misconduct.

8. Dispute Resolution

If you have a dispute with Acire23, you agree to contact us through support@Acire23 Network .com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the Acire23 Network Platform or involves our services.

Binding Arbitration

You and Acire23 agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Acire23 Network Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Acire23 both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Acire23 Network in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver

You and Acire23 Network agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Acire23 Network both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Acire23 Network agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (if you use the Acire23 Network Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the “AAA Rules”), except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).

Arbitration Process

A party who desires to initiate the arbitration must provide the other party with a written notice or demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. The seat of the arbitration shall be in Harris County, Houston, Texas, unless you and Acire23 Network agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Acire23 submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law

The arbitrator shall apply Harris County, Houston, Texas consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Opt-Out

You have the right to opt out of the arbitration provisions of Section 8 by sending a written notice of your decision to opt out to the following address: 2401 Fountainview Drive, Houston Texas 77057 Attention: Acire23 Network Legal Department. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 8(h). You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.

If you have a dispute with another user on the Acire23 Network Platform or with any third party, you agree that Acire23 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Acire23, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Acire23 Network Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

9. Communications.

You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Acire23 Network Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Acire23 Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Acire23 Network Platform, updates concerning new and existing features on the Acire23 Network Platform, communications concerning promotions run by us or third parties, and news relating to the Acire23 Network Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Acire23 Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Acire23.

If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Acire23 Network Platform, you may opt-out or unsubscribe using your settings.

10. Restricted Persons

Please note that the Acire23 Network Platform is restricted from: (a)merchants or persons with products or services that are deceptive, unfair, predatory or prohibited by applicable law; (b) multi-level marketing businesses or similar schemes; and (c) get-rich quick programs or similarly overly promising investments without support by key economic metrics.

The above restriction is in line with applicable law and shall not constitute discrimination against such restricted persons or a trade restriction.

11. Security of your Personal Information

We generally follow accepted industry standards and have implemented appropriate administrative, technical, physical, and organizational security measures designed to protect your Personal Information against accidental or unlawful destruction, accidental loss, damage, alteration, unauthorized disclosure or access, as well as all other forms of unlawful processing.

You are responsible for the security of your password, and control of your device at any time especially in the case of a one-time access code verification; we shall not be responsible for any unauthorized access to your account or personal information on the Acire23 Network Platform due to an unauthorized to your password or other sensitive account information or control of your device that enables such unauthorized access.

You are required to make use of backup functions of the Acire23 Network Platform to the extent allowed by applicable third-party terms and conditions of use, and this Terms.

We are not accountable and take no responsibility in case of communication with any professional service provider or other third-party user outside of the in-app chat features.

While we have taken reasonable steps to secure the Personal Information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties as no method of transmission over the Internet, or any method of electronic storage, is hundred percent secure. Therefore, we cannot guarantee complete security for your Personal Information.

In the event of a data security breach, we will take immediate step to notify you of such breach where you are affected and in conjunction with a licenced Data Protection Organisation, Acire23 will conduct a data audit to identify the source of the data breach and implement remedial measures immediately.

12. Miscellaneous

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Acire23 Network Platform are entitled to the following specific consumer rights notice: The services are provided by Acire23 Network LLC., 2401 Fountainview Drive, Houston Texas 77057.

If you have a question or complaint regarding the Service, please contact Acire23 at legal@Acire23 Network .com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing-impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

Supplemental Terms for Certain Services

Certain services offered on the Acire23 Network Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the SHOP Acire23 Network, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will supersede.

Application Provider Terms

If you access the Acire23 Network Platform through a Acire23 application, you acknowledge that this Agreement is between you and Acire23 only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of Harris County, Houston, Texas and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Harris County, Houston, Texas for any actions for which the arbitration provision, as set forth in Section 8, does not apply.

Export

The Acire23 Network Platform is controlled and operated from our United States offices in 2401 Fountainview Drive, Houston Texas 77057. Acire23 Network software is further subject to United States export controls. No software for Acire23 may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.

Changes

We reserve the right to:

changes the terms of this Agreement, consistent with applicable law;
alter the Acire23 Network Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
deny or terminate your Acire23 Network Platform account, or use of and access to the Acire23 Network Platform.

If we make material changes to the Terms, we will notify you through the Acire23 Network Platform, by email, or by other means, to offer you an opportunity to review the changes before they become effective. You agree that your continued use of the Acire23 Network Platform after such changes become effective constitutes your acceptance of the changes. If you do not agree with any updates to this Agreement, you may not continue to use the Acire23 Network Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use. Any changes to the Terms will be effective on a going forward basis.

Languages

The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.

Assignment

No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Acire23 Network ‘s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Acire23 Network may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

Waiver

Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

Headings

Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Further Assurances

You agree to execute a hard copy of this Agreement and any other documents and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

Entire Agreement and Severability

This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Acire23 Network Platform and constitutes the entire agreement between you and us regarding the Acire23 Network Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.

Survival

The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(Ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).

Contact

Feel free to contact us by visiting https://help.Acire23 Network .com with any questions about this Agreement.

Acire23 Network LLC.

530 -B Harkle Road Santa Fe

New Mexico 87505 USA

Effective January 15th, 2022