Terms of Use
This website www.trueaccord.com, its subdomains and all consumer account pages reached through a link in our digital communications, including the payment portal (collectively, “Website”) is the property of TrueAccord Corp. (“TrueAccord,” “we,” “us,” or “our”). This Website Terms of Use represents a legal document that governs the legal terms of our Website and any information provided via the Website (“Content”). The last update to our Terms of Use was posted on July 06, 2023.
Eligibility
TrueAccord administers and operates the www.TrueAccord.com Website from its location in the United States. Although the Website may be accessible worldwide, TrueAccord does not provide services outside of the United States. This website is intended for individuals over the age of 18 years that are located in the United States.
Agreement to Terms of Use
By using the Website, you agree to these Terms of Use. If you do not agree, do not use the Website.
We may amend our Terms of Use at any time without specific notice to you. The latest version of our Terms of Use will be posted on our Website, and you should review the Terms of Use prior to using our Website. After any revisions to our Terms of Use are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Terms of Use to make sure you still agree to them. By using our Website, you agree to fully comply with and be bound by our Terms of Use. Please review them carefully. If you do not accept our Terms of Use, do not access and use our Website. If you have already accessed our Website and do not accept our Terms of Use, you should immediately discontinue use of our Website.
TrueAccord reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance or other changes.
Legal Compliance
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Website. TrueAccord reserves the right to investigate complaints or reported violations of our Website Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. TrueAccord reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any TrueAccord server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other consumer, including any TrueAccord account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TrueAccord’s systems or networks, or any systems or networks connected to the Website or to TrueAccord.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TrueAccord on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TrueAccord or others.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Website, including our Payment Plan Terms and E-Sign Terms which are made a part of this Website Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between this Website Terms of Use and any other terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website or linked page.
TrueAccord’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
The following terms also govern and apply to your use of the Website, and they are incorporated herein by this reference:
Security
Certain features or services offered on or through the Website may require you to login to view account details. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including any password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify TrueAccord immediately of any unauthorized use of your account or any other breach of security. You may be held liable for losses incurred by TrueAccord or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s TrueAccord ID, login information, or account at any time without the express permission and consent of the holder of that account. TrueAccord cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
By using this Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. To view TrueAccord’s Privacy Policy, click here.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these sites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. TrueAccord has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Disclaimers
TRUEACCORD DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRUEACCORD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRUEACCORD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUEACCORD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST TRUEACCORD FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Limitation of Liability
Except where prohibited by law, in no event will TrueAccord be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if TrueAccord has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold TrueAccord, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TrueAccord by any third party due to or arising out of or in connection with your use of the Website.
Violation of These Terms of Use
You agree that TrueAccord may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TrueAccord, for which monetary damages would be inadequate, and you consent to TrueAccord obtaining any injunctive or equitable relief that TrueAccord deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TrueAccord may have at law or in equity.
TrueAccord’s failure to exercise or enforce any right under these Website Terms of Use will not waive that right.
You agree that TrueAccord may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
You agree that TrueAccord will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Kansas without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Johnson County, Kansas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use 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 separate terms and conditions or federal and state consumer financial protection laws are not subject to this limitation. In the event of any controversy or dispute between TrueAccord and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If any provision of these Terms of Use is void or unenforceable in whole or in part, the remaining provisions shall not be affected.
Contacting Us
If you have any questions about the Website Terms of Use, you may contact us at legal@trueaccord.com. You may also send a letter with such requests to: TrueAccord, 16011 College Blvd, Suite 130, Lenexa, KS 66219 attention Legal.
