Our Terms of Use

IMPORTANT! THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE ACSOUTHEAST.COM WEBSITE (“WEBSITE”) PROVIDED BY MINGLEDORFF’S, INC. AND ITS SUBSIDIARIES AND AFFILIATES (THE “COMPANY”). BY ACCESSING, USING, REGISTERING FOR OR PURCHASING PRODUCTS FROM THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATIONS, THE FOLLOWING TERMS.

1. Acceptance of the Terms of Use. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement incorporated therein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

2. Permitted Use. Company grants you a limited, personal, non-exclusive, non-transferable license to use the Website for your own personal, internal business use. You may use the Website for lawful purposes only. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates the law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such information or materials.

You will not and will not authorize any other person to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). “Co- branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.

This Website is not intended to be accessed by any person who seeks or intends to access the Website for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Website in order to investigate, evaluate, test, and/or assess the Website’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the Website discloses data to third parties without proper disclosure or consent), or for the Website of creating, establishing, or gathering evidence to support claims against the Company under such laws. Even if you are accessing the Website for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the Website if one of the purposes for which you are accessing the Website is to investigate, evaluate, test, and/or assess the Website’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against the Company under such laws. By accessing the Website and accepting these Terms of Use, you agree that you are not accessing the Website for such purposes, and if you do access the Website for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Website, (b) you have consented to our disclosure of any data collected about you or your interaction with the Website to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the Company from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the Website.

3. Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Company and its licensors, content providers, and business partners. Nothing contained on the Website should be construed as granting by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such party that may own the Trademark. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms, is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

4. Proprietary Information. The content accessible within the Website, including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links, product specifications, product information and specifications, pricing and other information (collectively, the “Content”) is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. You will not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

5. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To impersonate or pretend to be anyone else while using this Website.
• To pretend that you represent another person, organization, or entity that you have not been authorized by that person, organization, or entity to represent through this Website.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
• You agree not to intentionally submit or transmit inaccurate information through this Website.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

6. Indemnity. You will indemnify and hold the Company, its licensors, content providers, service providers and contractors, and their employees, agents, officers and directors (collectively the “Indemnified Parties”) harmless from your breach of these Terms and your use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

7. Disclaimers. Your use of and browsing in the Website are at your sole risk. THE WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, PRODUCT INFORMATION OR CONTENT WILL BE ERROR FREE OR UNINTERRUPTED; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCT INFORMATION OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE. Some jurisdictions may not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you.

The Company does not guarantee or warrant the files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.

8. Limitation of Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY THE “COMPANY AND ITS AFFILIATES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEBSITE, CONTENTS OR INABILITY TO USE THE WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN’T MADE ANY PAYMENTS TO COMPANY, THEN THE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED $100.

9. License. By communication with the Company (by email or otherwise) or participating in any discussion forum, you grant the Company an irrevocable, non-exclusive, transferable and world wide royalty-free right and license to use, reproduce, modify, adapt, translate, publicly perform, and display, distribute, sublicense, create derivative works from, and sell any information, message, suggestion, idea or concept you communicate to the Company or post on the Website (in whole or in part) for any purpose the Company chooses, commercial, public or otherwise. Any unauthorized use of the Website and their contents terminates the license granted hereby. Please review our Privacy Statement to see how we collect and use personal information.

10. Links. This Website may contain hyperlinks to websites operated by third parties other than the Company. Such hyperlinks are provided for your references only. The Company does not control such third-party websites and is not responsible for their content or the products and services offered on the third-party websites. The Company’s inclusion of the hyperlinks to such websites does not imply any endorsement of the material on such website or any association with their operations. Operators of the other websites may not maintain links to this Website without the Company’s prior written consent. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The Company reserves the right to prohibit other websites from linking to this Website.

11. Changes. The Company has the right at any time to change or discontinue any aspect or feature of the Website. These Terms are subject to change by the Company at any time in its discretion. However, any changes to the dispute resolution provisions set forth in the “Arbitration” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website, but such changes will apply to claims based on your access and use of the Website after the change to the ”Arbitration” section is posted to the Website. Your continued use of the Website after such changes are implemented constitutes your acceptance of the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you. Please consult these Terms regularly.

12. Submissions. All employment applications, requests for services, free estimates, contact information submissions, search terms typed into any search feature on the Website, and other contents which you provide to the Company, will be regarded as provided on a non-confidential basis. The Company reserves the right to use this information at its exclusive discretion. The Company is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions.

You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify the Company from all claims of third parties, including attorneys’ fees.

13. Geographic Restrictions. The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the states of Alabama, Florida, Georgia, Mississippi, and South Carolina or by persons whose interaction with the Website or the Company is for purposes of a business transaction or potential transaction related to the Company’s provision of goods and services within these five states. The Company does not target, market to, or offer its products or services to customers outside of these five states. You agree not to submit your personally identifiable information through the Website if you reside outside these five states unless if the purpose of your interaction with the Company or the Website is for purposes of a business transaction or potential transaction related to the Company’s provision of goods and services within these five states. You further agree not to submit your personally identifiable information at all through the Website if you reside outside the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Choice of Law and Forum. By using this Website, you agree that the laws of the United States and the laws of the State of Georgia govern these Terms of Use and any claim or dispute you may bring against the Company. You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.

Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or your use of the Website shall be instituted exclusively by final and binding arbitration conducted in Gwinnett County, Georgia, unless the parties agree otherwise. You and the Company consent to the exclusive personal jurisdiction of such state and federal courts and arbitrators, agree that venue will be proper in such courts or in front of such arbitrators, and waive any objections based upon forum non conveniens. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any action under this Terms of Use in any other jurisdiction.

15. Arbitration and Dispute Resolution.

1. By accessing and/or using this Website, you agree to try to settle any dispute with the Company arising from or related to your use or access of this Website by sending a letter describing the basis for the dispute and allowing the Company at least 30 days to respond after the Company will have received your letter. If you want to send such a letter to the Company, send it to marikit.gregg@mingledorffs.com. The Company will respond to you at the address the Company has on file for you.
2. The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Website.
3. You and the Company agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or the Company will commence any litigation or file a claim against the other party.
4. By accessing and/or using this Website, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and the Company waive the right for a judge or jury to decide such claims and means that your may not proceed in a class, collective, or consolidated capacity. Your rights and the Company’s rights during the arbitration process may be more limited than the rights you or the Company would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
5. At the beginning of any arbitration process under this arbitration agreement, you and the Company will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the Company decide upon. In the event you and the Company cannot agree on the selection of an arbitrator, the Company will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and the Company will alternatively strike arbitrators, with the Company going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and the Company cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
6. The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and the Company agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
7. You and the Company each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
8. The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
9. Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party. The parties agree to use any mass arbitration rules and fee schedule of the selected arbitration forum, if available and if applicable, including if such rules or fee schedule become applicable after the commencement of arbitration.
10. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

16. Miscellaneous. The Section headings of these Terms are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof. If any Section or provision of these Terms are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms and the validity of the remainder of these Terms shall not be affected thereby. These Terms shall be governed by and construed in accordance with the laws of Georgia applicable to contracts made and to be enforced wholly within such state. The waiver by either party of any provision of these Terms on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms on any other occasion or upon any other circumstances. These Terms may be waived and amended only in writing signed by both you and the Company.

17. Entire Agreement. These Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.