Terms of Service
Acceptance of Terms of Service Agreement This Terms of Service (TOS) agreement is between you (Client) and Acculine Systems, LLC , a Delaware limited liability company, and its legal successors and assigns. By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Acculine’s services, including but not limited to, submission of content to Acculine’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Acculine provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.theacculinepros.com/tos. Failure to comply with the TOS may result in account termination. By using Acculine’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 3 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Acculine is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all Acculine services including the purchase of additional services or at a later date.
Privacy Personal data and certain other information about the Client are subject to Acculine’s Privacy Policy. For more information see the privacy policy at http://www.theacculinepros.com/privacy-policy.html. By using Acculine’s services Client also agrees to the most current version of Acculine’s Privacy Policy.
Call Monitoring and Recording As part of Acculine’s commitment to providing the best possible service Acculine may monitor and record phone calls answered by Acculine and made by Acculine. Acculine may also archive recorded voice mail messages. Acculine records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Acculine to identify how Acculine can better serve its customers.
Acceptable Use As Acculine strives to offer the very best service, there are certain guidelines and policies that must govern Acculine’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Acculine’s services. Such decisions are at the sole discretion of Acculine. Unacceptable practices include, but are not limited to: • Adult or pornographic material including, but not limited to, sexually explicit or suggestive material • Sexually oriented products or services (e.g. escort services), or other sexually oriented material • Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes) • Fetish websites • Lingerie websites • Offensive or otherwise distasteful material • Content or language that is harmful to minors in any way • Bulk emailing tools • Distribution of internet viruses or other harmful or destructive activities • Hacking and cracking • Scams or phishing for personal information • Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Acculine’s discretion) • Gambling, gaming, lotteries, and like activities • Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language • Defamatory, hateful or revenge content or language. • Aids to pass drug tests or aids to pass lie detector tests. • Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties • MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products • Reverse Funnel Systems • Cash Gifting • Illegal drugs or drug paraphernalia • Prescription drugs and related content • Alcohol sales • Tobacco sales • Miracle cures • Fake documents • Fireworks, pyrotechnics, firearms, explosives or weapons. • Intentional or unintentional violations of any applicable local, state, national or international law. • Reselling of email accounts or hosting accounts to third parties. • Reselling of any Acculine services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement. • Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email • Links to other sites that are in violation of Acculine’ policies and guidelines • Other activities, whether lawful or unlawful, that could reflect adversely on Acculine or Acculine’s other clients • Acculine reserves the right to refuse to design or host an account at its sole discretion at anytime.
As an Acculine Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Acculine harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Acculine retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Acculine may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Acculine for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy.
Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Acculine or not, including any reliance upon accuracy, usefulness or completeness. Client acknowledges that Acculine may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Acculine and the public.
Intellectual Properties Acculine respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Acculine may terminate accounts for copyright or trademark infringement, or for any other reason Acculine deems appropriate as it may relate to Client’s use of another’s intellectual property. Acculine will not use copyrighted or trademarked materials on any Client’s materials without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Acculine is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to content or design.
Client content that is sent to Acculine will remain the intellectual property of the Client. Acculine does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Acculine will attempt to honor requests to return original content; however, Acculine has no liability and does not guarantee the return of any content to Client. All materials generated by Acculine for Client – including all designs, media, video, or content created by Acculine are the property of Acculine until Client has paid all fees.
Social Media Signals, Article Content and Video Production Timeframes With or without help and input from the Client, Acculine will develop the requested marketing campaign. Before work may begin, the Client must electronically accept this Terms of Service agreement.
Acculine will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published, including, but not limited to when proofing and/ or copywriting services have been contracted to Acculine.
Client understands, agrees and acknowledges that Acculine does not guarantee a time frame for completion of CUSTOM work. If the Client continues to submit additional content throughout the development process, or requests additional modifications to the materials, the completion time frame is increased. Other factors that may influence the completion date include, but are not limited to, complexity of Client’s project(s), availability of Acculine personnel, accounting status of Client’s account, etc.
If Client does not respond to Acculine communications and, as a result, Acculine is not able to start or complete a custom project, Client is still responsible for all fees incurred
Tech Support If Client uses Acculine’s technical support consulting services, including but not limited to screen share sessions, Client acknowledges and understands that Acculine does not warranty that technical support services will meet Client’s requirements or be error free.
Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Acculine’s hourly rate and that Acculine may charge Client’s account for such technical support fees at a rate of $125/hr.
30-Day Satisfaction Guarantee Acculine provides a 30-day satisfaction guarantee for all services.
Billing. All invoices are due and billed in full at the time of the original sale. Acculine reserves the right to change prices at any time. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.
Acculine accepts payment via credit card and debit card only. Acculine reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
Billing Disputes If Client wishes to dispute a charge Client must first contact Acculine’s billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact Acculine, Client must send the request in writing by email to: info@theacculinepros.com Attn: Billing Department
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying any fees due, Acculine, at its sole discretion, may suspend work until the billing dispute has been resolved.
Refund Policy All projects have a 30-Day Satisfaction guarantee. If Acculine has not provided services as described within 30 days of approval, then we will refund the entirety of fees the sale.
Acculine Intellectual Property Client acknowledges and agrees that Acculine’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Acculine’s services.
Client Information Client hereby agrees that any information or ideas submitted to Acculine by any means may be used by Acculine without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to Acculine’s Privacy Policy..
Third Parties & Contract Service Providers From time to time third parties may offer services or software to Acculine’s clients, clients may request the use of third-party services or software, or Acculine may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases Acculine from, any and all liability associated with the use of third-party services or software. Acculine does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access Acculine’s services. Client also agrees that Acculine is under no obligation to provide Client with any enhancements, updates, or fixes to make Acculine’s services accessible through any third-party applications or services.
Acculine may contract with Contract Service Providers to complete a portion, or all of the Client’s project. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Acculine employee directly for services. All payments for services rendered must be made directly to Acculine. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the specific tasks and do not have access to Client’s personal information including payment information.
DISCLAIMER OF WARRANTIES CLIENT’S USE OF ACCULINE’S SERVICES IS AT CLIENT’S OWN RISK. ACCULINE’S SERVICES ARE PROVIDED “AS IS”. ACCULINE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES 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 OF PROPRIETARY RIGHTS. ACCULINE DISCLAIMS ANY WARRANTIES REGARDING ACCULINE’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ACCULINE DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACCULINE’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. ACCULINE DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. ACCULINE DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH ACCULINE’S SERVICES, OR LINKS PROVIDED BY ACCULINE’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY ACCULINE OR OBTAINED THROUGH LINKS PROVIDED THROUGH ACCULINE’S SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ACCULINE’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ERGO THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUCH CLIENTS.
Limitations of Liability CLIENT UNDERSTANDS AND AGREES THAT ACCULINE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ACCULINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE ACCULINE’S SERVICES, RELIANCE ON ACCULINE’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCULINE’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH ACCULINE’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO ACCULINE’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO ACCULINE’S SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ERGO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUCH CLIENTS.
Without limiting the foregoing, under no circumstance shall Acculine be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Acculine’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Acculine.
Indemnification and Claims Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Acculine, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Acculine in Client’s individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless Acculine, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Acculine’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Acculine or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Acculine, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Notices Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be sent by email to: info@theacculinepros.com
Severability In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Acculine to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
Jurisdiction This agreement shall be governed exclusively by the laws of the State of Delaware, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Delaware. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state courts located in the State of Delaware and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.
Governance Acculine may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
Electronic Signatures Making payment or submitting information or documents to Acculine so that Acculine may perform services for the Client, shall constitute an electronic signature.
DBA, Assignment of Service & Associated Entities Acculine reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Acculine Systems, it’s DBAs or any other affiliated companies, or any condition, merger or acquisition of Acculine Systems, LLC and shall be automatically assigned to any successor entity of Acculine Systems, LLC and shall continue in effect thereafter in accordance with its terms.
General This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Acculine. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
