Terms of Use

Last updated May 23, 2024.

 

THIS IS A BINDING CONTRACT; PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCESS AND USE OF THE SITES (as defined below) CONSTITUTES YOUR REPRESENTATION THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE ACCTTREE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ACCTTREE, AND (3) YOU ARE NOT BARRED FROM USING THE SITES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. WE MAY UPDATE THESE TERMS OF USE FROM TIME TO TIME IN OUR SOLE DISCRETION AND YOUR CONTINUED ACCESS TO AND USE OF THE SITES AFTER SUCH UPDATES CONSTITUTES YOUR ACCEPTANCE OF SUCH UPDATES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR ANY UPDATES THERETO YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE SITES. IF YOU ARE ACCESSING THE SITES ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ENTER INTO THESE TERMS OF USE AND TO BIND SUCH ORGANIZATION OR ENTITY TO THESE TERMS OF USE.‍

 

1 Scope of These Terms of Use

These Terms of Use are between AcctTree, LLC, a New Hampshire limited liability company (“AcctTree”, “us”, “we”, or “our”) and the individual or entity accessing and using the Sites (“you” or “your”). These Terms of Use go into effect on the first date on which you access the Sites (the “Effective Date”) and apply to the AcctTree website located at www.accounttree.com and all other AcctTree-owned and/or -operated websites, including without limitation areas of these websites requiring user credentials to access as well as any resources and content available therein (collectively, the “Sites”), where you and other users may upload, download, share, email, post, publish, transmit, or make available (“Make Available”) certain information, data, text, messages, tags and/or other materials (collectively “Content”).

 

Additional Terms; Separate Agreement. Your use of, and participation in, certain features and functionality of the Sites may be subject to additional terms (“Additional Terms”). Such Additional Terms will either be set forth in the applicable features/functionality of the Sites or will be presented to you for your acceptance when you sign up to use such features/functionality. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will control with respect to the subject matter of such supplemental Site. The “Agreement” shall mean these Terms of Use and the Additional Terms. In the event you have a separate written agreement with us (“Master Agreement”), as between these Terms of Use and the terms of the Master Agreement, the terms of the Master Agreement will control.

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2 The Sites

Accounts. Certain features or functionality of the Sites may require you to create an account (“Account”), or to use federated authentication. Access to and use of password-protected or secure areas of the Sites are restricted to authorized users with a registered Account only. In registering for an Account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You agree not to share your password(s), Account information, or access to the Sites with any other person or entity. You are responsible for maintaining the confidentiality of password(s) and Account information, and you are responsible for all activities that occur through the use of your password(s) or Account(s) or as a result of your access to the Sites. You agree to inform AcctTree immediately of: (a) any use of your password(s) or Account(s) that you did not authorize or that is not authorized by this Agreement; or (b) any breach of security related to your Account or the Sites.

 

Use of Sites. Subject to your compliance with this Agreement, solely for so long as you are permitted by AcctTree to access and use the Sites, and provided that you keep intact all copyright and other proprietary notices, we grant you a limited non-exclusive, non-transferable, non-sublicensable, and revocable right and license to (a) (a) access the Sites, (b) view any Content on the Sites to which we provide you access hereunder, and (c) download and print one (1) copy of materials that AcctTree specifically makes available for downloading (such as white papers and/or user guides) (the "Documents") from the Sites solely for internal business purposes, provided that the Documents may not be modified or altered in any way that could reasonably result in deceptive or inaccurate interpretations of the Documents. In no event shall you remove any Marks (defined below) from the Documents when using the Documents outside of the Sites.

 

3 Content

Representations and Warranties. AcctTree does not claim ownership of the Content you Make Available through the Sites (“Your Content”). When you Make Available any Content on or to the Sites, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth below. If you Make Available any Content, including any Personal Information (as defined in our Privacy Policy) relating to other people or entities, you represent and warrant that: (a) you have the authority to do so and to permit us to use the Content in accordance with our Privacy Policy, and these Terms of Use; and (b) the information is true, accurate, and complete. If you subsequently discover the information to not be true, accurate, and complete, you will use best efforts to modify the information such that it is true, accurate, and complete.

 

License to Your Content. You grant AcctTree a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Sites to you and to our other users. 

 

Responsibility for Content. You acknowledge that any Content is the sole responsibility of the party from whom such Content originated. This means that you, and not AcctTree, are entirely responsible for Your Content, and that other users of the Sites, and not AcctTree, are similarly responsible for all Content that they Make Available through the Sites (“User Content”). 

 

Storage. Unless expressly agreed to by AcctTree in writing elsewhere, AcctTree has no obligation to store any of Your Content. AcctTree has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Sites. 

 

‍4 User Conduct and Certain Restrictions. 

User Responsibility. You are solely responsible for your interactions with other users of the Sites and any other parties with whom you interact through the Sites; provided, however, that AcctTree reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that AcctTree will not be responsible for any liability incurred as the result of your interactions with other users.

 

AcctTree may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Sites and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. Without limiting the foregoing, AcctTree reserves the right to: (a) remove, change, alter, or refuse to post any of Your Content, in whole or in part, for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for AcctTree; (c) disclose your identity or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Sites or if AcctTree otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your right to access and use all or part of the Sites for any or no reason, including without limitation, any violation of this Agreement. 

 

If AcctTree believes that criminal activity has occurred, AcctTree reserves the right to, except to the extent prohibited by Applicable Law, disclose any information or materials on the Sites, including Your Content, in AcctTree’s possession in connection with your use of the Sites, to (i) comply with Applicable Laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of AcctTree, its users or the public, and all enforcement or other government officials, as AcctTree in its sole discretion believes to be necessary or appropriate.

 

5 Proprietary Rights

The Sites. Except with respect to Your Content, you agree that AcctTree and its suppliers or licensors own all rights, title and interest in the Sites. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Sites.

 

Marks. The trademarks, service marks, logos, domain names and proprietary marks referenced on the Sites are either common-law service marks or trademarks, or registered service marks or trademarks of AcctTree (collectively, the “Marks”) and are protected by all applicable laws, rules, regulations, or ordinances (“Applicable Laws”). No logo, graphic, sound, or image from the Sites may be copied or re-transmitted unless expressly permitted in writing by AcctTree. Nothing contained on the Sites should be construed as granting any license or right to use any of AcctTree’s Marks or its affiliates’ or suppliers’ trade names, trademarks or service marks without AcctTree’s express prior written consent in each instance.

 

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to AcctTree through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that AcctTree has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to AcctTree a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Sites and/or AcctTree’s business.

 

6 Indemnity

You agree to indemnify and hold harmless AcctTree, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (“AcctTree Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees and costs, due to or arising out of (a) Your Content, (b) your use of, or inability to use, the Sites, (c) your violation of this Agreement, (d) your violation of any rights of another party, including intellectual property rights and contractual rights, or (e) your violation of Applicable Laws. These indemnification obligations will survive the termination of your license to access the Sites or this Agreement. AcctTree reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the AcctTree Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Sites provided hereunder. 

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7 Term and Termination 

The term of this Agreement commences on the date when you accept these Terms of Use (as described in the preamble above) and continues in full force and effect while you use the Sites, unless terminated earlier in accordance with this Section 7. AcctTree may, in its sole discretion, at any time discontinue providing or limit access to the Sites, any areas of the Sites, or Content provided on or through the Sites. Furthermore, we may terminate or limit your access to or use of the Sites if we determine, in our sole discretion, that you have infringed the intellectual property or contractual rights of a third party or have otherwise violated Applicable Laws. You agree that AcctTree shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Sites or any Content, including Content that you may have Made Available. If you want to terminate this Agreement, you may do so by (i) notifying us at any time and (ii) closing your Account (if applicable) and terminating all use of the Sites. Your notice should be sent, in writing, to our address set forth above.

 

Upon termination of your access to the Sites, any areas of the Sites, or Content provided on or through the Sites, your right to use the Sites or the applicable area or Content thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases. AcctTree will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

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8 Third-Party Websites, Content, Products and Sites

The Sites may provide links to websites and access to content, products, and services of third parties, and such third-party websites, content, products, or services (collectively, “Third-Party Services”) are governed by the respective third party’s website terms and conditions of use. When you click on a link to a Third-Party Service, we will not warn you that you have left the Sites and become subject to such other terms and conditions. AcctTree is not responsible for third-party content provided on or through the Sites, or for any changes or updates to such third-party content. Any interactions you have with Third-Party Services are beyond the control of AcctTree, and you bear all risks associated with your access to, and use of, Third-Party Services.

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9 Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITES, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. ACCTTREE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND ALL CONTENT, INCLUDING THE DOCUMENTS, PROVIDED ON OR THROUGH THE SITES. ACCTTREE MAKES NO WARRANTY THAT: (A) THE SITES, INCLUDING THE CONTENT WILL MEET YOUR REQUIREMENTS OR RUN PROPERLY ON ANY HARDWARE; (B) THE SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE ADVICE, RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY CONTENT PROVIDED ON OR THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITES IS USED AT YOUR OWN DISCRETION AND RISK. ACCTTREE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. ACCTTREE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITES AND CONTENT PROVIDED ON OR THROUGH THE SITES AT ANY TIME WITHOUT NOTICE.

 

 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SITES. YOU ACKNOWLEDGE AND AGREE THAT THE ACCTTREE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ACCTTREE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT ACCTTREE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. ACCTTREE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 

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10 Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ACCTTREE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUTATIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, PRODUCTION, DATA, DATA USE, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THIS AGREEMENT, YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITES, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITES WHETHER BY ACCTTREE OR A THIRD PARTY, WHETHER OR NOT ANY ACCTTREE PARTY HAS BEEN MADE AWARE OF THE RISK OF SUCH LOSSES. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ACCTTREE PARTIES’ LIABILITY TO YOU WITH RESPECT TO THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR, IF APPLICABLE, THE MINIMUM STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES, IF GREATER. THE EXISTENCE OF MULTIPLE CLAIMS UNDER THIS AGREEMENT WILL NOT ENLARGE SUCH AMOUNT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACCTTREE AND YOU.

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11 Export Restrictions/Legal Compliance

You may not access, download, use, import, or export the Sites, or the Content provided on or through the Sites, in violation of U.S. export laws or regulations, or in violation of any other Applicable Laws. You agree to comply with all Applicable Laws of the United States or applicable agency or authority in the jurisdiction where you accessed the Sites, and to not directly or indirectly provide or otherwise make available any services or products of AcctTree, including access to the Sites, in violation of any such Applicable Laws.

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12 Entire Agreement; Waiver; Assignment; Severability

The Agreement, including the Privacy Policy, contains the entire agreement between you and AcctTree governing your use of and access to the Sites. The failure of AcctTree to exercise or enforce any rights or provisions in the Agreement shall not constitute a waiver of such right or provision. Any waiver of a right or provision on one occasion will not be deemed a waiver of any other right or provision or of such right or provision on any other occasion. Your rights and obligations under the Agreement may not be assigned, subcontracted, delegated or otherwise transferred by you without AcctTree’s prior written consent. We may, without your consent, freely assign and transfer the Agreement, including any of its rights, obligations, or licenses. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. If any part or provision of the Agreement is found to be illegal or unenforceable, such part or provision shall be modified to make such part or provision legal and enforceable while reflecting, as nearly as possible, the original intention of the parties. The balance of the Agreement shall not be affected.

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13 Force Majeure

AcctTree shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

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14 Updates

You understand that the Sites are constantly evolving. You acknowledge and agree that AcctTree may update the Sites with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Sites. Any future release, update or other addition to the Sites shall be subject to the then current Terms of Use or Additional Terms. When changes are made, we will make a new copy of these Terms of Use or the Additional Terms available on the Sites, and we will also update the “Last Updated” date at the top of these Terms of Use or the Additional Terms. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of these Terms of Use or Additional Terms to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to the Agreement will be effective immediately. AcctTree may require you to provide consent to the updated Agreement in a specified manner before further use of the Sites is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SITES.

 

‍15 Governing Law; Venue

The laws of the State of New Hampshire, United States, shall apply to any disputes arising out of the Agreement or your access to or use of the Sites, and all claims arising out of or relating to the Agreement or the Sites will be litigated exclusively in the federal or state courts located in Concord, New Hampshire, USA. You expressly waive all rights to a jury trial. The United Nations convention on contracts for the international sale of goods does not apply to the Agreement.

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‍16 Communications

When you access the Sites or send us emails, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. If you have registered for an Account, we will attempt to provide you any notice required by the Agreement to the email address in your Account. Where AcctTree requires that you provide an email address, you are responsible for providing us with a valid and current email address. In the event that the email address you provide to us is not valid, or for any reason is not capable of delivering to you any notices required by the Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice. If you need to provide any legal notice to AcctTree or have any questions or concerns regarding the Agreement or the Sites, you must send such communication by email to hello@accounttree.com. All notice shall be deemed received on the next business day after sent by email. 

 

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.