Terms of Service

1. Acceptance of Terms

 

Bluewater Media, LLC DBA AC Solutions, (collectively
referred to as “Company,” “us” or “we”), provides the https://acsolutionteam.com websites

and blogs (collectively referred to as the “Site”), as well as but not
limited to marketing, media buying and production, collectively referred to as
“Offerings”), subject to your compliance with the following Terms and
Conditions of Use (“Terms”), as well as any other written agreement(s) between
us and you.

 

We reserve the right to change these Terms from time to time
with or without notice to you. You acknowledge and agree that it is your
responsibility to periodically review this Site and these Terms. Your continued
use of this Site and Offerings after such modifications will constitute
acknowledgement and acceptance of the modified Terms.

 

As used in these Terms, references to our “Affiliates”
include our owners, licensees, assigns, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, advertisers, and includes,
without limitation, all parties involved in creating, producing, and / or
delivering this Site and / or contents and Offerings available on this Site.

 

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO
BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS,
PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE,
PRODUCTS / OFFERINGS AVAILABLE ON THIS SITE OR THESE TERMS IS TO CEASE USING
THE SITE AND / OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE
EFFECTIVE ONCE YOU CLICK THE “I AGREE” BUTTON BELOW.

 

2. Offerings

 

Offerings. Company provides a number of Offerings for users
on its Site, including but not limited to marketing, media buying and
production. You are solely responsible for providing, at your own expense, all
equipment necessary to use the services, including a computer, modem, and your
own Internet access (including payment of telephone service fees associated
with such access).

 

No Guarantee. Although Company works hard to provide quality
Offerings, you understand and acknowledge that we cannot promise or guarantee
specific results from using the Site or Offerings available on this site.

 

Temporary Interruptions. You understand and agree that
temporary interruptions of the Site may occur as normal events that are out of
our control. You also understand and agree that we have no control over the
third party networks or services that we may use to provide you with Offerings.
You agree that the Offerings available on this Site are provided “AS IS” and
that we assume no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.

 

3. Payment

 

Fees. If you choose to purchase one or more of the Offerings
provided on our Site, you agree to pay all fees associated with the Offerings.
Any charges incurred by your purchase or use of the Offerings will be billed to
the credit card we have on file. In the event you sign up for a Service that is
ongoing and incurs reoccurring charges (such as a subscription), such charges
will be billed in advance of service. You agree to provide us with accurate and
complete billing information, including valid credit card information, your
name, address and telephone number, and to provide us with any changes in such
information within seven (7) calendar days of the change.

 

Overdue Amounts. If for any reason your credit card company
declines or otherwise refuses to pay the amount owed for the Offerings you have
purchased you agree that we may, at our option, suspend or terminate
performance of Offerings or delivery of products, and may require you to pay
any overdue amounts incurred (including any third-party chargeback fees or
penalties) by any other reasonable means. In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all expenses
incurred to recover sums due, including attorneys’ fees and costs and any other
related expenses.

 

4. Site Conduct, Posting Policies & Third Party Websites

 

User-Created Content Guidelines: Your use of the Site,
including the Company Blog, is subject to all applicable laws and regulations
and you are solely responsible for any comments or posts you leave on the Site
or the Blog. By posting information on the Site or by otherwise using any
communications service, message board, newsgroup or other interactive service
available on the Site, you agree that you will not post comments, messages,
links, code or other information that:

 

is unlawful, threatening, abusive, harassing, defamatory,
deceptive, fraudulent, tortious, invasive of another’s privacy, or includes
graphic descriptions of sexual or violent content;

victimizes, harasses, degrades, or intimidates any
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;

infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;

consists of unsolicited advertising, junk or bulk email
(“spam”), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;

contains any form of malicious code, files or programs that
are designed or intended to disrupt, damage or limit the functionality of any
software, hardware or telecommunications equipment, or otherwise causes damage,
or allows you to obtain unauthorized access to any data or other information of
any third party;

breaches the security of, compromises or otherwise allows
access to secured, protected or inaccessible areas of this Site, or attempts to
gain access to other network or server via your account on this Site; or

impersonates any person or entity, including any of our
employees or representatives.

No Endorsement. Company neither endorses nor assumes any
liability for any material uploaded or submitted by users on any part of the
Site. Although we do not pre-screen, police or monitor comments posted on the
Site, we and our agents reserve the right to remove any and all postings that
we feel do not comply with these Terms and any other rules of user conduct for
our Site, or that are otherwise harmful, objectionable or inaccurate. We are
not responsible for any failure or delay in removing such postings.

 

Third-Party Sites and Information. This Site may redirect or
link to other websites on the Internet or may otherwise include references to
information, products or services made available by unaffiliated third parties.
While we make every effort to work with trusted, reputable providers from time
to time such sites may contain information, material or policies that some may
find inappropriate or personally objectionable. You understand that we are not
responsible for the accuracy, completeness, decency or legality of content
hosted by third party websites, nor are we responsible for errors or omissions
in any references made on those websites. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement of
or association with the Site or party by us, or any warranty of any kind
whether express or implied.

 

Promotions. From time to time this Site may include
advertisements offered by third parties. You may enter into correspondence
with, or participate in promotions of, the advertisers showing their products
on this site. Any such correspondence or promotions, including the delivery of
and the payment for goods and services by those third parties, and any other
terms, conditions, warranties or representations associated therewith, are
solely between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.

 

5. Company Intellectual Property

 

Content. For purposes of these Terms “content” is defined as
any information, communications, software, published works, photos, video,
graphics, music, sounds or other material that can be viewed by users on our
Site and is owned by Company or its Affiliates.

 

Ownership of Content. By accepting these Terms, you agree
that all content presented to you on this Site is protected by any and all
intellectual property and / or other proprietary rights available within the
United States, and is the sole property of Company or its Affiliates. All
custom graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Company or its Affiliates. All other trademarks
or service marks are property of their respective owners. Nothing in these
Terms of Use grants you any right to use any trademark, service mark, logo, and
/ or the name of Company or its Affiliates.

 

Certain of the ideas, software and processes incorporated
into the Offerings available on this Site may be protected by patent
applications pending in the United States, and we also may prepare and file
additional patent applications in selected foreign jurisdictions.

 

Limitations on Use of Content. Except for a single copy made
for personal use you may not copy, reproduce, modify, republish, upload, post,
transmit or distribute any content from this Site in any form or by any means
whatsoever without prior written permission from us. Any unauthorized use of
Site content violates our intellectual property interests and could result in
criminal, civil penalties or both.

 

No warranty for Third-Party Infringement. Neither we or our
Affiliates warrant or represent that your use of materials displayed on or
obtained through this Site will not infringe the rights of third parties.

 

6. Content You Create.

 

Your Intellectual Property Rights. Subject to our Privacy
Policy (located at https://acsolutionteam.com/privacy), any communication or
material that you transmit to this Site or to us for any reason, whether by
email or other means, will be treated as non-confidential and non-proprietary
user content (“User Content”). While you retain all rights to the User Content,
you grant us (including our employees and Affiliates), a non-exclusive,
paid-up, perpetual, and worldwide right to copy, distribute, display, publish,
translate, adapt, modify, and otherwise use the User Content for any purpose
whatsoever, regardless of the form or medium in which it is used.

 

We respect the intellectual property rights of others and we
ask you to do the same. In instances where we are notified of alleged
infringing Company or User Content through our Designated Agent, a decision may
be made to remove access or disable access to such materials, in compliance
with the safe harbor provisions of the Digital Millennium Copyright Act, 17
U.S.C. §

512(c) (“DMCA”).
We may also make a good faith attempt to contact the person who submitted the
affected material so that they may make a counter-notification.

 

If you believe that you or someone else’s copyright has been
infringed by Company or User Content provided on this Site you, or the owner or
rights holder (collectively, “Rights Holder”), should send notification to our
Designated Agent immediately. Prior to sending us notice, the Rights Holder may
wish to consult a lawyer to determine his / her rights and legal obligations
under the DMCA and any other applicable laws. Nothing here or anywhere on this
Site is intended as a substitute for qualified legal advice. To file a Notice
of Infringing Material, we ask that the Rights Holder provide the following
information:

 

Reasonably sufficient details about the nature of the
copyrighted work in question or, in the case of multiple alleged infringements,
a representative list of such works. This should include, titles, authors, any
U.S. Copyright Registration numbers, URLs and the like;

Reasonably sufficient details to enable us to identify and
locate the material that allegedly infringes the Rights Holders’ work(s) (for
example, file name or URL of the page(s) containing the material);

The Rights Holder’s contact information (including the
Rights Holder’s address, telephone number, and email address);

A statement that the Rights Holder believes in good faith
that the use of the material identified above in (2) is not authorized by the
copyright owner, its agent or the law;

A statement under penalty of perjury that the information in
the notification is accurate and that the Rights Holder is authorized to act on
behalf of the copyright owner; and

The Rights Holder’s electronic signature.

Notice may be sent to:

 

By Mail: Scott Miller, DMCA Agent

 

Bluewater Media, LLC, DBA AC Solutions

 

14375 Myerlake Circle

 

Clearwater, FL 33760

 

By e-mail: info@bluewater.tv

 

Counter-Notification If material you have posted to our Site
has been taken down, you may file a counter-notification that contains the
following details:

 

Identification of the material that has been removed or to
which access has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled;

A statement under penalty of perjury that you believe in
good faith that the material was removed or disabled as a result of mistake or
misidentification of the material in question;

Your name, address and telephone number;

A statement that you consent to the jurisdiction of federal
district court in the Middle District of Florida, and that you will accept
service of process from the person who provided notification in compliance with
section 512 (c)(1)(C) of the DMCA or an agent of such person; and

Your physical or electronic signature.

Notice may be sent to:

 

By Mail: Scott Miller, DMCA Agent

 

Bluewater Media, LLC, DBA AC Solutions

 

14375 Myerlake Circle

 

Clearwater, FL 33760

 

By e-mail: info@bluewater.tv

 

You also acknowledge and agree that upon receipt of a notice
of a claim of copyright infringement, we may temporarily or permanently remove
the identified materials from our site without liability to you or any other
party.

 

Confidential Information. As stated above, all
communications sent by you to us will be treated as non-confidential and
non-proprietary (subject to our Privacy Policy). Please do not submit
confidential or proprietary information to us (including patentable ideas, new
content suggestions or business proposals) unless we have mutually agreed in
writing otherwise. Ideas that we receive unsolicited will be treated as
property owned by the Company and will not be returned to you.

 

7. Email Services & Data Stored on Our Servers

 

Email Service. We may make email services available to users
of our Site, either directly or through a third-party provider. We will not
inspect or disclose the contents of private email messages except with the
consent of the sender or the recipient, in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, 18 U.S.C. §

2510, et. seq. or as other
required by law or by court or governmental order. Further information is
available in our Privacy Policy.

 

Spam Prevention. We use automated tools or techniques to
protect our users from mass unsolicited mailings (“spam”) and / or other types
of malicious or harmful content. However, such tools or techniques are not
perfect, and we therefore are not responsible in cases where legitimate
communications are accidentally blocked or unsolicited communications reach
your email account.

 

Storage Provided by Us. If you opt to store personal data of
any kind on our servers, you understand and agree to abide by our general
practices and limits concerning use of the Offerings available on our Site,
including without limitation the maximum number of days that uploaded content
will be retained, the maximum disk space that will be allotted and the maximum
number of times you may access the services in a given period of time. You
agree that we have no responsibility or liability for the deletion or failure
to store any content maintained or transmitted on or through this Site. You
acknowledge that we reserve the right to remove or terminate accounts which
have not paid any applicable subscription fee, that remain inactive for longer
than one hundred and twenty (120) days or in cases where you have violated one
or more terms of this Agreement.

 

8. Privacy & Security

 

Login Required. In order to access some of the Offerings on
this site or to post User Content, you may be asked to set up an account and
password. Our account registration page requests certain personal information
from you (“Registration Info”). You will have the ability to maintain and
periodically update your Registration Info as you see fit. By registering, you
agree that all information provided by you as Registration Info is true and
accurate and that you will maintain and update this information as required in
order to keep it current, complete and accurate.

 

Passwords & Security. If you register for an account on
the Site you agree that you are responsible for maintaining the security and
confidentiality of your password, and that you are fully responsible for all
activities or charges that are incurred under your account. Therefore, you must
take reasonable steps to ensure that others do not gain access to your password
and account. Our employees will never ask you for your password.

 

Disclosure to Third Party Affiliates. You hereby grant us
the right to disclose to third parties certain Registration Info about you,
subject to our Privacy Policy which is specifically incorporated by reference
into these Terms of Use.

 

9. Disclaimer

 

ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A)
THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT,
OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR
OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES
WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND
OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS
AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH CONTENT OR PRODUCTS.

 

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND
AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE
ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD
PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE
THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR
WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD
WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO,
CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES,
AS WELL AS CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE
TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON
THIS SITE SHALL BE SUBJECT TO THESE TERMS OF USE.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES. AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

10. Limitation of Liability & Indemnification

 

Your exclusive remedy and our entire liability, if any, for
any claims arising out of these Terms and your use of this Site, shall be
limited to the amount you paid us for Offerings purchased on the Site during
the period before the act giving rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR
NOT WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY
PROMISES REGARDING OUR OFFERINGS OR CONTENT, OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES. AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

You agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, claims, and expenses, including
attorneys’ fees that may arise from your use or misuse of this Site. We reserve
the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.

 

11. Termination of Use

 

Grounds for Termination. You agree that we may, at our sole
discretion, terminate or suspend your access to all or part of the Site with or
without notice and for any reason including, without limitation, breach of
these Terms. Any suspected fraudulent, abusive or illegal activity may be
grounds for barring your access to this Site and reporting you to the proper
authorities, as necessary.

 

No Right to Offerings Upon Termination. Upon termination and
regardless of the reason(s) motivating such termination, your right to use the
Offerings available on this Site immediately cease. We shall not be liable to
you or any third party for any claims for damages arising out of any
termination or suspension, or any other actions taken by us in connection
therewith. Section 1 of these Terms, as well as your liability for any unpaid
fees, shall survive any termination.

 

12. Miscellaneous Provisions

 

International Use. Although this Site may be accessible
worldwide, we make no representation that materials on this Site are
appropriate or available for use in locations outside the United States. Those
who choose to access this Site from other locations do so on their own
initiative and at their own risk. If you choose to access this Site from
outside the United States, you are responsible for compliance with local laws
in your jurisdiction, including but not limited to the taxation of products
purchased over the Internet. Any offer for any product, service and / or
information made in connection with this Site is void where prohibited.

 

Governing Law. These Terms shall be governed by the laws of
the State of Florida without regard to its conflict of laws principles. You
agree that the courts in Pinellas County, Florida or the nearest federal court
thereto, shall have personal jurisdiction over you in connection with any
disputes related in any way to these Terms.

 

Notices. All notices to a party shall be in writing and
shall be made either via email or conventional mail. Notices to us must be sent
to the attention of Customer Service at:

 

By mail:

 

Bluewater Media, LLC, DBA AC Solutions

 

14375 Myerlake Circle

 

Clearwater, FL 33760

 

By e-mail: info@bluewater.tv

 

You agree to allow us to submit notices to you either
through the email address provided, or to the address we have on record. Any
notices or communication under these Terms will be deemed delivered to the
party receiving such communication (1) on the delivery date if delivered
personally to the party; (2) two business days after deposit with a commercial
overnight carrier, with written verification of receipt; (3) five business days
after the mailing date, if sent by U.S. mail, return receipt requested; (4) on
the delivery date if transmitted by confirmed facsimile; or (5) on the delivery
date if transmitted by confirmed email.

 

No Resale Right. You agree not to sell, resell, reproduce,
duplicate, distribute, copy or use for any commercial purposes any portion of
this Site, or any Offerings provided through this Site.

 

Force Majeure. In addition to any excuse that may be
provided by applicable law, we shall be excused from liability for non-delivery
or delay in delivery of products and Offerings available through our Site
arising from any event beyond our reasonable control, whether or not
foreseeable by either party, including but not limited to: labor disturbance,
war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation and other causes or events beyond our reasonable
control, whether or not similar to those enumerated above.

 

Savings Clause. If any part of these Terms is held invalid
or unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect as nearly as possible the original intentions of the
parties, and the remaining portions shall remain in full force and effect.

 

No Waiver. Any failure by us to enforce or exercise any
provision of these Terms or related rights shall not constitute a waiver of
that right or provision, in whole or in part.

 

Entire Agreement. These Terms constitute the entire
agreement and understanding between the parties concerning the subject matter
hereof, and supersede all prior agreements and understandings of the parties
with respect thereto. These Terms may not be altered, supplemented or amended
by the use of any other document(s). To the extent that anything in or
associated with this Site conflicts, is or becomes inconsistent with these
Terms, then these Terms shall take precedence.

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