Terms of Use

 

January 17, 2020

 

Welcome to the Accretive Labs website (referred to collectively with all other websites operated by Accretive Labs, Inc. (“Accretive Labs”) as the “Site”). Please review these Site terms of use (“Terms of Use”) as they govern your use of the Site and/or any of the services offered by Accretive Labs on and through the Site (“Services”).

BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION WHICH TOGETHER WITH OUR PRIVACY POLICY AND OTHER PUBLISHED POLICIES, GOVERN ACCRETIVE LABS’ RELATIONSHIP WITH YOU IN RELATION TO THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN PLEASE DO NOT USE THIS SITE.

Your access to or use of the Services constitutes your acceptance of all the provisions of these Terms of Use. These Terms of Use apply to any user of the Site and Services, regardless of whether the user submits content to the Site. While any person can access the Site, the Site and Services are only intended for use by businesses, companies and organizations (each a “Business”). The Site and Services are not intended for use by individuals in their personal capacity. You should not use the Site or Services for personal, household, or family purposes. Children under age 13 are not allowed to use the Site or Services for any reason. An individual may only use the Site and Services on behalf, and with the authorization, of a Business. Although the purpose of the Site and Services are only intended for use by Businesses, we may collect personal information incidentally during the course of business, which may include your name, e-mail address, business name, position, or phone number (collectively, the “Personal Information”). Please see our Privacy Policy here for further details.

Accretive Labs controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Illinois, without regard for its conflicts of law provisions. In the event of any controversy or dispute arising out of or relating to the Terms of Use or the Privacy Policy, the parties to such controversy or dispute shall meet and seek resolution in good faith. Any controversy or claim arising out of or relating to the Terms of Use, Privacy Policy or the breach thereof, which is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between the parties, will be submitted to binding arbitration in accordance with the procedures set forth below.

Contents

The name Accretive Labs and the Accretive Labs logo are trademarks of Accretive Labs, Inc. The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Accretive Labs or its subsidiaries and affiliates or are the property of their respective owners.

None of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored, cached or re-hosted without the prior written permission of Accretive Labs or the applicable copyright owner.

Please note that the permission granted herein terminates automatically if you breach any of these Terms of Use. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Accretive Labs, is strictly prohibited.

The Contents are for your general information and use only. They are subject to change or withdrawal without notice. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

Prohibited Conduct

You agree not to: (a) access or attempt to access any information, account, documents, images, software, material, endpoint, URL, or API (individually and collectively, “Information”) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the Site or Services; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site or Services, or to any Information, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site, Services or any affiliated or linked websites; (c) access or use the Site or Services in any manner that could damage, disable, overburden or impair any server or network used by Accretive Labs in connection with the Site or Services; (d) use any Information in connection with the Site or Services in any manner that infringes upon any intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any Accretive Labs account holder; (f) post or otherwise submit any software, programs or Information via the Site or Services that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other user from using and enjoying the Site, Services or other websites, Information or other services associated with Accretive Labs; (h) violate any applicable laws or regulations, including any laws or regulations related to the access to or use of the Site or Services, and/or engage in any activity prohibited by these Terms of Use; (i) compile, use, download or otherwise copy any Information available on the Site or Services (except as expressly permitted by these Terms of Use), or transmit, provide or otherwise distribute (whether or not for a fee) such Information to any third party; (j) use the Site or Services to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Site and/or Services or otherwise monitor or copy any portion of the Site or Services; (l) frame, mirror, or use framing techniques on any part of the Site without Accretive Labs’ express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Information, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by these Terms of Use, use any Information; (n) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Services; (o) remove any copyright, trademark, or other proprietary rights notice from the Site or Information; (p) use any Accretive Labs domain name as a pseudonymous return e-mail address; and/or (q) use the Services for the benefit of a third party.

These examples of prohibited conduct are illustrative and are not exhaustive. Accretive Labs reserves the right to take action, up to and including terminating a user’s account or blocking a user’s IP address, if the user is determined, in Accretive Labs’ sole discretion, to have engaged in prohibited conduct or otherwise violated these Terms of Use.

Third-Party Sites

If you choose to leave this Site via links to other non-Accretive Labs sites, Accretive Labs is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Accretive Labs does not control non-Accretive Labs sites or the products advertised therein, you acknowledge and agree that Accretive Labs is not responsible for the availability of such non-Accretive Labs sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Accretive Labs site, product or service be construed as an approval or endorsement by Accretive Labs of such site, product or service. Please see our Privacy Policy for further details.

Disclaimer of Warranty

ACCRETIVE LABS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH ACCRETIVE LABS BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ACCRETIVE LABS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. WHILE ACCRETIVE LABS ATTEMPTS TO ENSURE YOUR USE OF OUR SERVICES IS SAFE, ACCRETIVE LABS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Disclaimer of Liability

IN NO EVENT SHALL ACCRETIVE LABS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ACCRETIVE LABS’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Your use of any information or materials on the Site is entirely at your own risk, for which Accretive Labs shall not be liable. It is your own responsibility to ensure that the Services or information available through the Site meet your specific requirements. Accretive Labs’ obligations with respect to the Services and materials it provides, as well as the obligations of the parties it contracts with, are governed solely by the agreements under which they are provided. Nothing on the Site should be construed to alter such agreements. In the event of any conflict between this Terms of Use and any such agreements regarding arbitration or governing law, the applicable agreement shall control. The Services at the Site may be out of date and Accretive Labs makes no commitment to update the information regarding materials and the Services at the Site. However, to provide its customers with the most current information, Accretive Labs will, from time to time, make changes in the Contents and in the Services described on this Site. Accretive Labs does not operate as a broker or an accounting, financial, or investment planner or advisor. Accretive Labs does not provide financial, accounting, securities, tax, or legal advice. Your use of the Services is at your sole discretion and risk.

You agree to indemnify and hold Accretive Labs (and its officers, directors, members, managers, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages relating to defending such claims, arising out of or related to: (a) a breach of these Terms of Use; (b) breach of your representations and warranties set forth herein; (c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, or (d) your violation of any law or the rights of a third party.

Submissions of Information or Data by You

If you do not have a written agreement with Accretive Labs that governs your submission of information or data to Accretive Labs, then this section applies to you; otherwise your written agreement with Accretive Labs applies.

You agree that any material, information, data, and/or ideas that you transmit to this Site or otherwise provide to Accretive Labs (“Transmissions”) shall become and remain Accretive Labs’ property. For any Transmission, you grant Accretive Labs a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You voluntarily waive any and all “moral rights” in the Transmission.

By submitting any Transmissions to Accretive Labs, you represent and warrant that:

  1. you are authorized to make the Transmission;
  2. use of the Transmission does not violate these Terms of Use and will not cause injury to any person or entity;
  3. you are at least 13 years old;

You further agree and warrant that you have not and will not submit any Transmission:

  1. that violates any law, statute, ordinance or regulation;
  2. that infringes any third party’s intellectual property rights or rights of publicity or privacy;
  3. that is known by you to be false, inaccurate or misleading, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to anyone;
  4. that contains any computer viruses, worms or other potentially damaging computer programs, instructions, scripts or files; or
  5. that includes any personally identifiable information (e.g., names, email addresses, phone numbers) of a person who is not you or who has not authorized you or your organization to disclose it to Accretive Labs.

Nothing in these terms shall oblige Accretive Labs to accept or retain any Transmission. Accretive Labs reserves the right to reject, change, condense or delete any Transmission for any reason, in its sole discretion without notice to you. You will not have any recourse through Accretive Labs to withdraw, edit or delete any Transmission you have submitted. You acknowledge that you, not Accretive Labs, are responsible for the contents of your Transmissions. Absent a separate written agreement between you and Accretive Labs otherwise, none of the information or data that you submit shall be subject to any obligation of confidence on the part of Accretive Labs, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your Transmission, you agree that Accretive Labs and its third-party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

Accretive Labs shall 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, or marketing products incorporating such information. You further agree that Accretive Labs may use information about your demographics and use of this Site in any manner that does not reveal your identity.

Access Credentials

Some portions of the Site are secured by log-on credentials like a username and password. If you have log-on credentials, you should not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your credentials or account.

We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of Accretive Labs under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by Accretive Labs’ breach of the express terms of these Terms of Use, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.

Arbitration

Any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and shall be held in Cook County, Illinois. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Each party to any binding arbitration under this provision shall bear its own costs, fees, and expenses of arbitration. However, Accretive Labs shall pay all filing and administration fees charged by the arbitrator up to $1,000. If the arbitrator issues an award in Accretive Labs’ favor, you will not be required to reimburse Accretive Labs for these filing and administration fees.

The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of these Terms of Use or any agreement entered into pursuant hereto. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.

Accretive Labs and you agree that the in the state and federal courts of Cook County, Illinois, as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use that are not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Terms of Use Revisions

Accretive Labs may revise these Terms of Use by updating this posting. You agree that in the event any portion of these Site Terms of Use is found to be unenforceable, the remainder of these Site Terms of Use shall remain in full force and effect. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

Privacy Policy

Accretive Labs values and respects your right to privacy. You can view our Privacy Policy here.