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Terms & Conditions

A legal disclaimer

Purpose These Terms of Service govern your access to and use of ACI Merced’s website and related communications channels, including email, text/SMS, phone calls, and web-based messaging or support (collectively, Communications). By using our website or consenting to receive Communications from ACI Merced, you agree to these Terms.

Scope These Terms apply to all users, visitors, customers, and other persons or entities who interact with ACI Merced through the website or any Communications channel.

Definitions

  • ACI Merced, we, us, our — ACI Merced and its affiliates.

  • You, your, user — Any person or entity using the website or receiving Communications.

  • Communications — Email, SMS/text messages, voice calls (including automated and prerecorded calls), and web-based chat, messaging, or support services.

Communications Policy

Types of Communications

  • Email — Transactional messages, account notices, marketing and promotional messages where permitted.

  • SMS / Text — Alerts, confirmations, reminders, and promotional messages where you have provided consent. Message frequency varies by service.

  • Phone Calls — Customer service, order confirmations, appointment reminders, and automated or prerecorded messages where permitted by law.

  • Web Service Messaging — Live chat, in-app messages, support tickets, and other web-based correspondence.

Consent

  • Opt-In — By providing your contact information or otherwise consenting, you authorize ACI Merced to send Communications to the contact methods you provide. Consent may be given via website forms, account settings, purchase processes, or other affirmative actions.

  • Automated Communications — Where permitted by law, you consent to receive automated or prerecorded calls and messages to the phone numbers you provide. You acknowledge that consent is not a condition of purchase unless required by law.

Opt-Out and Message Controls

  • Email — Each marketing email contains an unsubscribe link. Unsubscribe requests will be processed promptly.

  • SMS / Text — Replying STOP to an SMS will opt you out of future promotional texts from the number that sent the message. Reply HELP for help information. Standard message and data rates may apply.

  • Phone — To opt out of non-essential calls, notify us via the contact methods below. You may still receive essential transactional or safety-related calls.

  • Web Messaging — You may close or disable web messaging in your account settings where available.

Message Frequency and Costs

  • Frequency — Frequency depends on the services you use and your account settings. We will disclose expected message frequency where required.

  • Costs — You are responsible for any carrier or data charges associated with receiving Communications.

Message Content and Security

  • Accuracy — We strive to provide accurate, timely information but do not guarantee message content is error-free.

  • Sensitive Information — Do not send sensitive personal information (e.g., social security numbers, full financial account numbers) via unsecured Communications channels. We will not request such information by email, SMS, or web chat unless a secure method is provided and clearly identified.

User Responsibilities

  • Accurate Contact Information — You must provide and maintain accurate contact details. ACI Merced is not responsible for Communications that fail due to outdated or incorrect contact information.

  • Compliance — You must comply with applicable laws governing communications, including rules about consent and opt-out.

  • Prohibited Conduct — You must not use Communications to harass, threaten, impersonate, defraud, or otherwise engage in unlawful or abusive behavior.

Content, Intellectual Property, and Use Restrictions

  • User Content — Any content you submit through Communications remains your responsibility. By submitting content you grant ACI Merced a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for the purposes of providing services.

  • ACI Merced Content — All website content, messaging templates, trademarks, and materials are owned or licensed by ACI Merced. You may not reproduce or use our content except as expressly permitted.

  • Monitoring — We may monitor Communications for quality assurance, training, compliance, and security purposes consistent with applicable law.

Privacy and Data Handling

Privacy Policy Our Privacy Policy explains how we collect, use, share, and protect personal information. By agreeing to these Terms, you also agree to the practices described in our Privacy Policy. For questions about privacy or data handling, contact us at the address below.

Data Retention We retain Communications records as necessary to provide services, comply with legal obligations, resolve disputes, and enforce our agreements.

Disclaimers and Limitation of Liability

No Warranty Communications and the website are provided “as is” and “as available.” ACI Merced disclaims all warranties, express or implied, to the fullest extent permitted by law.

Limitation of Liability To the maximum extent permitted by law, ACI Merced and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages arising from Communications or use of the website, even if advised of the possibility of such damages. Our aggregate liability for direct damages is limited to the amount you paid to ACI Merced in the 12 months preceding the claim, or $100 if you have not paid us, whichever is greater.

Emergency Communications Communications are not intended for emergency or time-critical situations. Do not rely on email, SMS, or web chat for urgent medical, safety, or emergency needs.

Indemnification

You agree to indemnify and hold ACI Merced, its officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of Communications, or your violation of applicable law.

Termination and Suspension

  • Termination by You — You may stop receiving non-essential Communications by following opt-out instructions or by contacting us.

  • Termination by ACI Merced — We may suspend or terminate Communications or access to the website for users who violate these Terms or for operational, legal, or security reasons.

  • Effect of Termination — Termination does not relieve you of obligations incurred prior to termination, including payment obligations and indemnities.

Changes to Terms

ACI Merced may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the website and, where required by law, by sending notice via Communications. Continued use after notice constitutes acceptance of the updated Terms.

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