Account Centric Terms of Service
Last updated April 13, 2018
This Account Centric Service Agreement (“Agreement”) is a legal agreement between Account Centric, LLC, a Minnesota limited liability company and its subsidiaries, affiliates, partners, and/or service providers (“Account Centric”, “us” or “we”), and the individual or entity (“you”, “your” or “user”) who registered for an account at accountcentric.com (the “Website”, “Platform” or “Site”) to access any services offered by us or otherwise associated with or related to the “Account Centric” website or services (each a “Service” and collectively the “Services”).
As used in this Agreement, the terms Website, Site and Platform includes all website or mobile applications (if any) related to the Services or through which you may access the Services, including pages that are associated with or within the Site and all devices, applications, or services that Account Centric operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing, or using the Services or the Platform, you agree to be bound by the terms and conditions of this Agreement and the Account Centric Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
BY REGISTERING FOR, ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US BEFORE USING THE SERVICES.
Accepting the Terms
Before using accessing the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Account Centric.
Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
Description of the Services
Account Centric is an online tracking tool which allows you to gather data about user and visitor interaction to your website. We can also provide notifications when visitors display certain behaviors (such as intent to purchase), and other data related to how visitors to your site are navigating through it. The Services are designed to help you track leads and your potential buyers’ journeys through your site so that you can optimize your site and identify ideal customer profiles.
Registration Information, Security, and Electronic Communications
You must register for an account with us use the Services using your true identity (your “Account Centric User Account”). As part of such registration we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments and accounts or verifying information you provide against third party databases or through other sources. If you do not provide this information or Account Centric cannot verify your identity, we can refuse to allow you to use the Services.
You agree that you will not share your login information, password, or other account information with anyone else. You understand and agree to take all necessary steps to protect your User Account information as detailed in this Agreement. We will never ask for your password. You are solely responsible for all acts and omissions made using your login information and password. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities.
By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the application or Services site, and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Account Centric immediately via email to email@example.com.
Your Use of the Services
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and for those websites which own or are legally entitled to operate. Accurate records enable Account Centric to provide the Services to you. You must provide true, accurate, current, and complete information and you may not misrepresent your Registration and Account Information or your ownership, management or operation of the website on which the Services will be used. In order for the Services to function effectively, you must also keep your Registration and Account Information up-to-date and accurate. Failing to do so may compromise and/or negatively affect the accuracy and effectiveness of the Services. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services, including your website.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Account Centric, in its sole discretion, may elect to take. Account Centric shall not be liable to any party or any user for any loss, cost, or damage that results from any scheduled or unscheduled downtime, regardless of the cause.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Account Centric to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Practices Regarding Use and Storage
We may from time to time establish general practices and limits concerning the use of the Services which may include, but are not limited to, limiting the maximum amount of time that your data or content will be retained, or the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services or through the Platform. You acknowledge that we reserve the right to terminate any account which is inactive for an extended period of time provided that we will use commercially reasonable efforts to provide you with notice prior to such termination. Further, we reserve the right to change these general practices and limits at any time, in our sole discretion, and without notice. We will endeavor to provide such notice where required by law, but are otherwise under no obligation to do so.
Services may be or become available via mobile devices, including (a) the ability to upload content to the Platform via mobile device; (b) the ability to browse the Platform from a mobile device; or (c) the ability to access certain features through an application downloaded and installed on a mobile device (these and any other mobile services added in the future are referred to as the “Mobile Services”). To the extent you utilize Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any requirements under applicable laws and regulations before communicating with you in this manner. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person who acquires your old number.
Electronic Fund Transfers (“EFTs”)
In order to pay for Services, you are required to provide us with information regarding payment instructions, including but not limited to credit or debit card information, personal banking information, or other payment instruction. As a user, you represent that the information you provide is true and correct and that you are authorized to use the payment instrument. You agree that all payments are final and will not be refunded unless Account Centric, in its sole discretion, agrees to issue a refund. Users may authorize periodic and recurring payments, and by doing so you (a) agree to promptly update your account information with any changes that may occur; and (b) hereby authorize us and our subsidiaries, affiliates, or partners, to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform.
When you open a Stripe User Account, you will link a payment method to perform ETF and, if applicable, deposit funds into your Stripe User Account. Deposits into your User Account are held by pursuant to the Stripe TOS.
All EFT transactions are performed by and deposits are held by Stripe financial institution partner. Account Centric and Stripe only transmit transaction instructions to Stripe financial institution partner and do not hold deposits in your Stripe User Account. Account Centric will provide you with all transactions notifications and Account Centric User Account balances in addition to providing customer support relating to your Stripe User Account detailed below.
All questions regarding ETF transactions or your Stripe User Account must be directed to info@Stripe.com or as otherwise directed on Stripe’s contact page. All questions regarding your Account Centric User Account must be directed to firstname.lastname@example.org. Account Centric is not responsible for resolving issues and errors relating to transactions and account balances.
Account Centric may from time to time provide voluntary or automatic Alerts and voluntary account-related Alerts (“Alerts”). Automatic Alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary Alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These Alerts allow you to choose Alert messages for your accounts. Account Centric may add new Alerts from time to time, or cease to provide certain Alerts at any time, in its sole discretion. Each Alert has different options available, and you may be asked to select from among these options upon activation of your Alerts service.
You understand and agree that any Alerts provided to you through the Services may be delayed or prevented by a variety of factors. Account Centric may make commercially reasonable efforts to provide Alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any Alert. Account Centric shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance on an Alert.
Electronic Alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have Alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your Alerts.
Because Alerts are not encrypted, we will never include your private or personal banking information or your password or passcode. However, Alerts may include your Login ID and some information about your accounts. Depending upon which Alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these Alerts. At any time, you may disable featured Alerts.
Account Centric’s Intellectual Property Rights
The contents of the Services, including its functionality and its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), coding and any other materials provided by us to you are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong to or are licensed to Account Centric or its software or content suppliers. Account Centric grants you the right to view and use the Services subject to these terms. You may download or print a copy of information related to or generated by the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Your Intellectual Property Rights
In order to allow us to provide the Services, we must obtain certain license and other rights to content and information that you provide to us. This is necessary so that we can process, maintain, store, reproduce, back-up, distribute, or otherwise handle content which is uploaded or submitted by you. By using the Services and agreeing to these Terms of Service, you grant Account Centric a license to display, perform and distribute your content and reproduce such content to enable Account Centric to operate the Services. You also agree that Account Centric has the right not to accept, post, store, display, publish, or transmit any of your content in its sole discretion.
The licenses and rights granted hereunder are royalty free, irrevocable, worldwide, and shall last as long as you have content stored with us. The licenses and rights include the right of Account Centric to make your content available to others with whom Account Centric has a contractual relationship with for the purpose of providing the Services, and to otherwise permit access to or disclose your content to third parties if Account Centric determines, in its sole discretion, such access or disclosure is necessary to comply with Account Centric’s legal obligations.
If you elect to use any third-party service or application which is integrated with Account Centric, you agree that any and all licenses and rights granted to Account Centric shall apply to content which is submitted or uploaded through or to such third-party service or application.
Further, we are relying on your rights to upload and distribute content which you upload or make available to us, and you represent and warrant to Account Centric that you have the unfettered legal rights, power and authority to submit your content to Account Centric, to make any publication or other distribution of that content in your use of the Services, and to grant the licenses and rights described herein. You further represent that by submitting content to Account Centric and granting the licenses and rights described herein you are not infringing the rights of any person or third party.
User Conduct and Content
You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, display, or otherwise make available (hereinafter “upload”) to us. The following are examples of content and/or use that is prohibited by Account Centric. This is not an exclusive or exhaustive list, however, and we reserve the right to investigate anyone by engaging public or private organizations, including but not limited to collection agents, private investigators, and local, state, federal, or other applicable agencies, and to take any action against anyone who, in our sole discretion, violates any of the terms or the spirit of this Agreement. These actions include but are not limited to suspending or terminating the account of violators and reporting you to law enforcement authorities or otherwise taking any other appropriate legal action. Without limiting the foregoing, you agree to NOT use the Services or Platform to:
- Engage in any activity that violates any law or governmental rule or regulation or which is otherwise illegal under the laws of any state, federal, or local government or agency;
- Transmit or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationship; (c) contains any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes or is intended to interfere with the proper working of the Services; (d) poses or creates a privacy or security risk to any person; or (e) in the sole judgment of Account Centric is objectionable or which restricts or inhibits any other person from using or enjoying the Services or Platform, or which may expose us or our users to any harm or liability of any type; or
- Use any robot, spider, scraper, deep-link or other similar automated data gathering or extraction tools, program, algorithm, or other mechanism or methodology to access, acquire, copy, or monitor the Services or information collected by Account Centric or any portion of the Services or Platform, without Account Centric’s express written consent, which may be withheld in Account Centric’s sole discretion; or
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services or generally available third-party web browsers (such as Microsoft Explorer); or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up any part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services or any unauthorized information.
Under no circumstances will Account Centric be liable in any way for any content or materials of any third parties (including users,) including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right, but not the obligation, in our sole discretion to refuse or remove any content for any reason that is uploaded to the Services or Platform.
Account Centric allows a one-month free trial. After the end of the free trial, Account Centric charges a monthly fee in the amount of $ 75 per month per website (“Service Fee”). The Service Fee is due an payable on the first day of the month in which Service will be provided. The monthly Service Fee will be clearly stated on the Checkout page prior to any Service Fee being incurred. If you have questions about the Service Fee please contact email@example.com. As stated above, you may incur additional fees, costs, or expenses charged by Stripe or one of our other partners or affiliates. You agree to pay all fees charged in connection with utilizing the Services whether charged by Account Centric, Stripe, or any of its partners or affiliates.
Disclaimer of Representations and Warranties
THE SITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ACCOUNT CENTRIC, ITS SUBSIDIARIES, ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ACCOUNT CENTRIC NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER ACCOUNT CENTRIC OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF YOU ARE
Limitations on Account Centric’s Liability
ACCOUNT CENTRIC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICES OR THIS AGREEMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO ANY OTHER SERVICE, EVEN IF ACCOUNT CENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your Indemnification of Account Centric
You shall defend, indemnify and hold harmless Account Centric and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or in any way relate to your use of the Services or any breach of this Agreement, including but not limited to reasonable costs and attorney’s fees.
Ending your relationship with Account Centric and/or Account Centric
This Agreement will continue to apply until terminated by either you or Account Centric (or any Account Centric affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows:
On the Dashboard click on the “Delete Account” icon and follow the steps identified.
Account Centric may at any time terminate its Agreement with you and terminate your access to the Services for any reason, specifically including but not limited to the following:
- If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- If Account Centric in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
- For or any reason and at any time with or without notice to you; or
- Immediately upon written notice transmitted to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Account Centric may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Account Centric shall not be liable to you or any third party for any termination of your access to the Services. This will in no way affect your ability to access your funds through your banking institution.
Modification or Discontinuation of Services
Account Centric reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. Account Centric reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid User, Account Centric will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Account Centric shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Account Centric may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
These Terms of Service and the other agreements referenced herein constitute the entire agreement between you and Account Centric and govern your use of the Services, superseding any prior agreements between you and us with respect to the services. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be, or are otherwise, invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. Notices to you may be made via email or regular mail, and these Terms of Service may be amended or updated by us at any time, for any reason, with or without notice to you.
Governing Law; Venue; Alternative Dispute Resolution
All matters relating to your access or use of the Services, specifically including all disputes, will be governed by the laws of the United States and the State of Minnesota, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of the purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Account Centric and you arising out of or in connection with your use of the Site or Services, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed one hundred eighty (180) days), then either party may submit such controversy or dispute to mediation venued in Hennepin County, Minnesota. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Minnesota law.
You understand and acknowledge that you are solely responsible for your interactions with any other user in connection with the services Account Centric will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.