Effective Date: February 24, 2020
The service provided by TrueAccord allows creditors and collection agencies to communicate with consumers regarding their debts using the TrueAccord platform. TrueAccord may assign or delegate any or all of its rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or performed by either TrueAccord or its service provider.
Your use of the TrueAccord Service constitutes your acceptance of these Terms of Service. These Terms of Service are subject to change from time to time. We will notify you of any material change only if required by applicable law. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the TrueAccord Service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the TrueAccord Service. Your continued use of the TrueAccord Service will indicate your acceptance of any such changes to the TrueAccord Service. TrueAccord reserves the right to terminate your access to the TrueAccord Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.
You will need to register with TrueAccord and create an account to have access to our site. TrueAccord may terminate your access at any time for any reason.
You consent and authorize us, and any third party using the Service, to communicate with the consumer using any communication channels you provide.
You agree that any information that you provide is yours to provide and is accurate. All information now and hereafter furnished to TrueAccord is and will be true, correct and complete in all respects. Failure to provide or update your information may result in immediate termination of your access to TrueAccord Services and civil liability. We will not be held liable for any error in delivering the Service based on you providing inaccurate information. Any consumer information or data that you provide to TrueAccord may be used by TrueAccord.
It is solely your responsibility to assure that the consumer information you have provided to us in connection with your use of the TrueAccord Service is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses.
In order to use the TrueAccord Services, you must first agree to the Terms set forth in this Agreement. You MAY NOT use the TrueAccord Services if you do not accept the Terms.
You can accept the Terms by: a) By actually using TrueAccord Services; or b) Clicking to accept or agree to the Terms, where this option is made available to you. You understand and agree that TrueAccord will treat your use of the TrueAccord Services as acceptance of the Terms to use the TrueAccord Services from this point forward.
We reserve the right to change our pricing at any time by giving you (14) fourteen days notice. If you elect certain services that TrueAccord provides you will be charged for those services.
To access the TrueAccord Service, you will be required to select or create one or more alphanumeric passwords, usernames, and/or other types of security techniques, all of which are referred to together and separately as your "Security Codes". We require you to use the Security Codes to gain access to the TrueAccord Service. From time to time, we may require you to select or create different Security Codes and may change the types of security techniques used to access the TrueAccord Service. For certain Services, we may require you to select or create additional Security Codes and/or use other security techniques that we make available to you. You agree that use of your Security Codes and/or any other required security techniques will authenticate your identity and verify the instructions you provide to us. You also agree that we may send notices and other communications about our security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to your current address, email address or other digital communication channels shown in our records.
You are responsible for maintaining the security of your Eligible Device, computer equipment, software and browser, and any Security Codes you have created for the purpose of accessing the TrueAccord Service. If you allow any person to obtain or use your Eligible Device or Security Codes (in violation of the terms of this Agreement), you will have authorized that person to access the TrueAccord Service on your behalf, and you agree that you are responsible for any activity that person initiates or authorizes and will be bound by any agreements that person accepts or acknowledges electronically through the TrueAccord Service. You agree not to share any Security Codes with anyone. Notify us at once if you believe that your Security Codes have been compromised, or that your Eligible Device has been accessed or used without your authorization by emailing us at: firstname.lastname@example.org
In order to access the TrueAccord Service, you must have (i) a computer, tablet, or mobile device with internet access and a browser installed that can send and receive information using the technology that supports this TrueAccord Service (an "Eligible Device") and (ii) all information required to enroll, which will be described in the TrueAccord website (the "Website") at the time of enrollment.
TrueAccord may update the Eligible Devices from time to time. The technical standards required to access and use the TrueAccord Service (the "Technical Standards") vary among the types of Eligible Devices and software that support the TrueAccord Service.
In order to protect the trade secrets and other proprietary information of TrueAccord, you warrant that, you will not reverse engineer, disassemble, redistribute to any website, or otherwise attempt to replicate TrueAccord Services.
You have been and are presently conducting business in compliance with all applicable federal, state, and local laws, rules, regulations and ordinances.
You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to use the TrueAccord Service only on an Eligible Device that you own or control, as expressly permitted herein. TrueAccord has no responsibility to notify you of any changes to or new releases of the TrueAccord Service.
You acknowledge that from time to time, the TrueAccord Service may be delayed, interrupted or unavailable for an indeterminate period of time. TrueAccord and its affiliates shall not be liable for any claim arising from or related to the TrueAccord Service arising from any such delay, interruption or unavailability.
In no event will TrueAccord or its affiliates be liable for indirect, consequential or special damages, including lost profits, arising from or related to the TrueAccord Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. TrueAccord disclaims all warranties with respect to any Website, whether express, implied or statutory, including without limitation implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. You release TrueAccord, its service providers, and its affiliates from all claims and damages that may arise from or relate to your use of any Website.
All rights not expressly granted to you herein are reserved by us. By identifying an Eligible Device for use with the TrueAccord Service, TrueAccord does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier or internet service provider.
TrueAccord and its service providers have no obligation to correct any bugs, defects or errors in the TrueAccord Service, or to otherwise support, maintain, improve, modify, upgrade or enhance the TrueAccord Service. Subject to applicable law or regulations, TrueAccord may terminate your use of the TrueAccord Service and expand, reduce or suspend your use of such service, change the enrollment process, and/or change any limits associated with the TrueAccord Service at any time in its sole discretion without prior notice.
In recognition of the foregoing, TrueAccord agrees that it shall: (i) keep and maintain all data in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; and (ii) use and disclose the data solely and exclusively for the purposes for which the data, or access to it, is provided.
You assume all risks associated with the use of the TrueAccord Service. We may terminate your access to the TrueAccord Service if any conduct on your part constitutes a violation of this Agreement. In order to use the TrueAccord Service, you must be at least 18 years old, and legally capable to enter into contracts. You agree to use the TrueAccord Service only as permitted by this Agreement. You shall not use or otherwise export or re-export the Service, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Illegal Use of the Service. You agree that the TrueAccord Service is not to be used for illegal purposes or for the transmission or storage of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, sexually explicit, pornographic or obscene, or that infringes on the rights of others. We may terminate your use of the TrueAccord Service immediately and without notice to you if we discover you or someone using your Security Codes has used the TrueAccord Service in this manner.
Proprietary Rights. You agree that we own all rights to the information and content displayed in the Service. Further, you agree not to reverse engineer or reverse compile any of our technology.
Restrictions on Commercial Use or Resale. Your right to use the TrueAccord Service is limited to your organization; therefore, you agree not to resell or make any commercial use of the TrueAccord Service.
Use of Marks, Materials and Suggestions. The names, logos and all related product and service names, design marks and slogan are the property of TrueAccord, our affiliates and service providers. You are not authorized to use our names or marks in any advertising, publicity or in any other commercial manner without our prior written consent. All copies that you make of the material must bear any copyright, trademark or other proprietary notice, which pertains to the material being copied. Except as authorized in this section, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information. You agree to indemnify and hold harmless TrueAccord, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers, from any and all claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use or infringement of any intellectual property relating to the TrueAccord Service.
If you believe your intellectual property rights have been infringed upon, we encourage you
to report such potential infringement of your rights. Only the intellectual property
rights owner or person authorized to act on behalf of the owner can report potentially
infringing content. If you have a good faith belief that content on our Website infringes
your copyright, trademark, or other intellectual property rights, please send a written
notice containing your name and signature to our copyright agent that specifically
describes the nature and location of the content you believe to be infringing. You must
provide notice in the manner described here. Under the U.S. Digital Millennium Copyright
Act, our designated copyright agent for notice of alleged copyright infringement is
One True Holding Company
Attention: Legal Department
303 2nd St, Suite 750
San Francisco, CA 94107
Email Address: email@example.com
TrueAccord will comply with all applicable laws concerning production of documents and files pursuant to legally valid and enforceable subpoenas, court orders, investigations and requests by state or federal governmental agencies and regulators. In complying with such requests for production of documents, TrueAccord will furnish information to the extent legally required by such requests.
You may use the TrueAccord Service to request and receive from TrueAccord any of the alerts made available through this Service by making alert selections within the Website. We may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address, mobile number, or other communication channel, you provide to us on the Website. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.
It is solely your responsibility to ensure that the email address, mobile number, or communication channels you provide to us are current and accurate. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which we expressly disclaim any liability.
Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. We do not guarantee either the delivery or the accuracy of the contents of any alert. We will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Alerts are not encrypted. You acknowledge that alerts may include some information about your use of the TrueAccord Service. Depending on where you instruct us to send your alerts, anyone with access to your email or Eligible Device may be able to view the contents of these alerts.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE TRUEACCORD SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE TRUEACCORD SERVICE OR WEBSITE IS AT YOUR SOLE RISK. THE TRUEACCORD SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE TRUEACCORD SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE TRUEACCORD SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE TRUEACCORD SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE TRUEACCORD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRUEACCORD SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE TRUEACCORD SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRUEACCORD SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TABLET, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE TRUEACCORD SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS SECTION WILL CONTROL.
YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY INDIRECT LOSS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH THE TRUEACCORD SERVICE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) THAT MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR RELATING TO THE AUTHORIZATION OF AND/OR DISCLOSURE OF YOUR SECURITY CODES, PASSWORD, PIN OR OTHER ACCESS CODE BY YOU TO ANY THIRD PARTY IN ORDER FOR SUCH PARTY TO COLLECT, RETRIEVE, CONSOLIDATE, AGGREGATE OR OTHERWISE GATHER ANY INFORMATION OR DATA AVAILABLE VIA THE TRUEACCORD SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. OUR MAXIMUM, COMBINED AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT AND RELATED TO THE TRUEACCORD SERVICE SHALL NOT, IN ANY EVENT, EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.
You agree to indemnify and hold harmless TrueAccord, our subsidiaries and affiliates, successors and assigns, all officers and employees thereof, and our service providers, from any and all third party claims, liability, damages, and to be responsible for all expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the TrueAccord Service, your violation of this Agreement or your infringement of any intellectual property or other right of anyone, or caused by or arising from the use, violation or infringement by any other user of your subscription.
By You: You may terminate your Account at any time by contacting us at firstname.lastname@example.org. Billed fees will not be refunded or pro rated if an account is terminated.
By Us: We may immediately terminate your Account without notice to you. You acknowledge that we may also, at our sole discretion and without notice to you, terminate your use of the TrueAccord Service due to an extended period of inactivity. Inactivity means that you do not use the TrueAccord Service or log-in for an extended period of time. We reserve the right to change or discontinue, temporarily or permanently, the TrueAccord Service at any time without notice. In order to maintain the security and integrity of the TrueAccord Service, we may also suspend your access to the TrueAccord Service at any time without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the TrueAccord Service.
You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of our successors and assigns. You agree not to resell or make any commercial use of the TrueAccord Service. Unless otherwise required by law, you agree that your enrollment in the TrueAccord Service is non-transferable.
You can use the TrueAccord Service 24 hours a day, seven days a week via email or website, subject to regular daily maintenance periods and any special maintenance periods.
We may change this Agreement from time to time, as follows:
If a dispute arises out of or relates to the use of TrueAccord Services, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, or some other dispute resolution procedure.
If a dispute is not resolved by mediation, you agree to arbitrate all disputes and claims that arise out of or relate to your use of our Website. Therefore, you agree that, by using our Website, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Website(s), use of the TrueAccord Service, and disputes under these Terms of Service or with TrueAccord, regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by TrueAccord. The arbitration may be conducted telephonically. Unless otherwise prescribed by law, the costs of arbitration will be split evenly. In any action between you and us, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or defending the action.
Any claim or cause of action arising out of your use of our Website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by TrueAccord to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
Unless otherwise required by law, we may provide notice to you either by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose, we may provide notice electronically. You accept responsibility to ensure that the contact information in your company profile is always current and accurate.
The validity, construction and enforcement of this Agreement shall be governed by the laws of the State of California, without regard to its conflicts of laws, and by applicable federal laws and regulations. To the extent permitted by applicable law, if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and, if practicable, the invalid or unenforceable provision will be reformed to achieve its intended purpose. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver by us on any one occasion shall not be construed as a bar or waiver of our rights or remedies on future occasions. The captions of sections in this Terms of Service are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Terms of Service.