Terms and Conditions

Ace Cap Group, Inc. (“Guidant”) provides certain services to you that are subject to the following Terms and Conditions (”TAC”). Ace Cap Groupreserves the right to update the TAC at any time without notice to you. You should check back frequently to by clicking on the “Terms & Conditions” hyperlink located at the bottom of our Web pages to ensure you are in compliance with the TAC.

LIMITATION TO PERSONAL USE; COMMERCIAL USES PROHIBITED

The Services provided by Ace Cap Group are for your personal use. Any commercial use is prohibited without Ace Cap Group prior express written consent. Any information, service or products you obtain from the Services may not be modified, distributed, transmitted, copied, displayed, reproduced, licensed, published, performed, transferred or sold; nor may you create any derivative works there from.

ACE CAP GROUP SERVICES

Throughout this website, Ace Cap Group will provide you with access to a variety of resources. These resources include various tools, data collections, educational materials, download areas, rich media, product information, and other miscellaneous sources (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the TAC.

CONSENT REQUIRED FOR USAGE OF DOCUMENTS

You must obtain prior express written consent from Ace Cap Group to use Documents (such as white papers, press releases, educational materials and FAQs) from any Services.

NO PROHIBITED OR UNLAWFUL USES

You must not use the Services for any purpose that is unlawful or prohibited by these TAC. Any violations of these TAC will result in the revocation of (a) your right to use the Services, and (b) any username and password you may have been issued. You must not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Ace Cap Group server or to any of the Services, through hacking, password mining or any other means. You must not use the Services in any manner that could damage, disable, overburden, or impair any Ace Cap Group server, or the network(s) connected to any Ace Cap Group server. You further agree that you will not interfere or attempt to interfere with any other party’s use and enjoyment of any Services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

DUTY TO MAINTAIN SECURITY; REGISTRATION REQUIRED

Certain Services will require you to register with Guidant. If such registration is required, you must provide us with current, complete and accurate information as prompted by the applicable online registration form. Ace Cap Group will supply you with a username and password once you have supplied the required information. It is your sole responsibility to maintain the security and confidentiality of your password and account. You also have sole responsibility for any and all activities that occur under your account. In the event you become aware of any unauthorized use of your account or any other breach of security, you agree to notify Ace Cap Group immediately and to provide all the facts and circumstances of the incident(s). Ace Cap Group shall have no liability for any damages or loss of any type that you may incur as a result of someone else using your password or account, whether you authorized that usage or not. You acknowledge that you could be held liable for damages or losses incurred by Ace Cap Group or another party should someone else use your account or password, whether you authorized that usage or not. You must obtain the prior express permission of the account holder in order to use some other person’s account.

LIMITATION OF LIABILITY

ACE CAP GROUPAND/OR ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ACE CAP GROUPAND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING THE FOLLOWING:

1. ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY;
2. ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER ACE CAP GROUPNOR ITS RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED ON ACTIONS ARISING FROM CONTRACT, NEGLIGENCE OR ANY OTHER TORTIOUS ACTION. THIS WAIVER AND RELEASE INCLUDES DAMAGE ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

POLICY PROHIBITING UNSOLICITED IDEA SUBMISSIONS

NEITHER ACE CAP GROUPNOR ANY OF ITS EMPLOYEES WILL ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO ACE CAP GROUPOR ITS EMPLOYEES. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ACE CAP GROUP PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO GUIDANT. ACCORDINGLY, WE STRONGLY REQUEST THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO ACE CAP GROUPOR ANYONE AT GUIDANT. IF YOU VIOLATE THIS REQUEST, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ACE CAP GROUPMAKES NO ASSURANCES OR INDUCEMENTS THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY, AND YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST ACE CAP GROUPAND ITS EMPLOYEES THAT ARISE FROM OR ARE RELATED TO ANY SUCH UNSOLICITED IDEAS.

LINKS TO WEBSITES OF THIRD PARTIES

THE LINKS IN THIS AREA WILL LET YOU LEAVE ACE CAP GROUP SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF GUIDANT. YOU AGREE THAT ACE CAP GROUPIS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ACE CAP GROUPIS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ACE CAP GROUPPROVIDE THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ACE CAP GROUPOF THE SITE OR ANY DUE DILIGENCE BY ACE CAP GROUPIN REVIEWING THE MATERIAL ON ANY SUCH LINKED SITE.

INFORMATION UPDATES

ACE CAP GROUPHAS EXERCISED GOOD FAITH IN MAKING AVAILABLE THE SERVICES. NEVERTHELESS, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES, TOGETHER WITH RELATED DOCUMENTS AND GRAPHICS, COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU MUST EXERCISE YOUR OWN DUE DILIGENCE IN REVIEWING AND ASSESSING THE SERVICES AND THE SUITABILITY OF THE SERVICES FOR YOUR OWN FACTS, CIRCUMSTANCES AND SITUATION. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACE CAP GROUPAND/OR ITS RESPECTIVE AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Disclaimer

Ace Cap Group has made this website and all data posted on it (”Postings”) available to the general public for educational and informational purposes only. The information provided is not tax advice, legal opinion or legal advice. Ace Cap Group is not a law firm nor is it a CPA firm. The tax rules stated in the Postings depend on the specific facts and circumstances of the particular taxpayer; no one should act upon this information with first seeking professional counsel from his or her own CPA or tax advisor to determine the tax consequences for a proposed transaction.

PRIVACY POLICY RE PERSONAL INFORMATION

See Ace Cap Group Privacy Policy by clicking the “Privacy Policy” hyperlink located at the bottom of all Ace Cap Group Web pages.

COPYRIGHT INFRINGEMENT NOTICE & PROCEDURE

Pursuant to 17 U.S.C. § 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT SUBMITTED IN COMPLIANCE WITH THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

COPYRIGHT NOTICE

Copyright © 2002-2007 Ace Cap Group, Inc.,All rights reserved. Any rights not expressly granted herein are reserved.

FURTHER INQUIRIES

Send your questions, comments or notices to:
ACE Capital Group
ATTN: Legal Department
2075 Woodside Road
Redwood City, CA 94061
Tel: 650.364.3330
Fax: 650.364.0720
info@acecapgroup.com