Acclivity Legal Page
Acclivity Legal Page
AccountEdge Pro End User License Agreement
This is an agreement (the “Agreement”) between you, the end user, and ACCLIVITY GROUP LLC. “Software” is defined as the ACCLIVITY computer program and user documentation that is included with this Agreement and any updates or maintenance releases related thereto. By installing and/or using this Software you agree to become bound by the terms of this agreement. Do not use the Software until you have carefully read this Agreement. Included with the Software is software provided by Aatrix Software, Inc., (“Aatrix Module”). By using the Aatrix Module you also agree to become bound by the terms of the “Aatrix End User License Agreement” provided with the Aatrix Module and further, you agree that your use of the Aatrix Module is limited to a term of one year from the date you register with ACCLIVITY to use the Aatrix Module.
IF YOU AGREE WITH THE TERMS OF THIS AGREEMENT, CLICK THE “ACCEPT” or “AGREE” BUTTON WHILE INSTALLING THIS SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER. You may then return the entire package and your receipt within 30 days to the place from which you obtained the Software for a refund of the purchase price. Until return of this package has been accepted, you are governed by this Agreement.
This Software is protected by copyright laws and international treaties and may only be used in accordance with the License terms and conditions.
TRIAL VERSION SOFTWARE LIMITATION. If this Software is a trial version it has restrictions on its use and is intended to be used only for evaluation purposes. This software may be used for 30 days as of the first time you run the software. Upon lapse of such period the software will disable automatically. If you wish to use the software after the tryout period, you need to purchase and activate a Commercial License for continued use. Upon your purchase of the full version Software product license and acceptance of the terms and conditions of the software license agreement accompanying the full version software product, the restrictions in this paragraph (Trial Version Software Limitation) shall no longer apply, but the remainder of this Software License Agreement shall remain in full force and effect, and in the event there is any conflict between this Agreement and the full version software license agreement, the full version software license agreement shall control.
LICENSE. Subject to the terms of this Agreement, Acclivity Group LLC grants to you, the original purchaser, a royalty-free, non-transferable (except as specified below), non-exclusive License (the “License”) to use the Software, unless otherwise agreed to in writing by ACCLIVITY as follows:
The Software requires online activation and registration in order to use the Software under the terms of the License. If you do not activate your copy of the Software, your copy of the Software will disable automatically 30 days after you first install the Software.
You are required to enter personal information during online activation. You need an active, functional internet connection to activate your copy of the Software. Your licensed use of the Software is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of the Software after replacing the logic board of your computer or otherwise changing the hardware configuration of your computer. You may need to contact Acclivity to complete reactivation.
This License does not allow the Software to be activated and used on more computers than the number of computers you have purchased Licenses for.
Numbers of Users.
Single Site License. You may install and use the Software on only one computer that you own or operate and must not use or permit the usage of the Software on more than one computer or computer terminal at a time by multiple users unless additional licenses are purchased. Additional licenses are required for each user accessing the software by way of ASP/terminal servers/web clients or other remote connection. You may transfer the Software and its License from one such computer to another that you own or operate provided that you Deregister your software and Reactivate. In event of an upgrade or product exchange, the license hereby granted shall automatically transfer to the new version or products, but you will be required to Activate such upgrade.
Additional Licenses. You may install the software on the number of computers that you have purchased Additional Licenses for. Additional licenses can be purchased for your business from Acclivity to allow multiple installations and for simultaneous user access to accounting files across a network. Additional Licenses are also required for each user accessing the software by way of ASP/terminal services/web clients or other remote connections. One license shall apply to one individual named user within your legal entity. Additional Licenses can be purchased for use on computers used remotely, by the original purchaser only.
Updates and Upgrades. In the event of an upgrade, update or product exchange, the license hereby granted shall automatically transfer to the new version or product. All rights in respect of the original product shall lapse and no further use of these shall be permitted.
Archive Copies. You may not copy or duplicate the Software, except as necessary solely for archival purposes, Software error verification, or to replace defective storage media, provided you keep the original and the copies. You may not alter, decompile, or disassemble the Software. You may make copies of the user documentation up to but not exceeding the number of multi-user licenses you have purchased.
Copies. You may not copy or duplicate the Software or this Trial Version Software and distribute it to others for their evaluation, except as necessary solely for archival purposes, program error verification, or to replace defective storage media. You agree to retain the Software and all such copies in your possession.
Restrictions Transfer. You may not lease, sublicense (including offering the Software to third parties by means of ASP/Terminal Servers/Web Client or other means of Remote Access), rent, lend, distribute or otherwise transfer or assign the Software, Licenses, Additional Licenses, Product Updates, Payroll Tax Updates or any lawful copies thereof, except that you may transfer all of your rights and interest in and to the Software, including any upgrades and additional licenses purchased, to a single person or entity (“Transferee”), provided that (i) you either transfer to the Transferee any and all copies you may have made or destroyed said copies upon transfer of the Software, so that you retain no copies, (ii) that you transfer to the Transferee any and all manual(s) which were provided by ACCLIVITY pertaining to the Software, (iii) the Transferee agrees to be bound by the terms of the Agreement, and (iv) you notify ACCLIVITY in writing of such transfer, and provide the name and address of the Transferee.
Term and Termination. The License is effective until terminated. You may terminate the License at any time by removing the Software from your computer and destroying any copies you have of the Software. The License is automatically terminated if you violate any portion of this Agreement. You agree upon any such termination to destroy the Software together with all copies. Upon termination, there will be no refund of any monies paid by you except in connection with the 30-day return policy set forth above. Termination of this License shall be in addition to and not in lieu of any other remedies available to ACCLIVITY..
Protection and Security. You agree to use your best endeavors and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to the Product and that there is no unauthorized copying or distribution of the Software or user documentation.
UPDATES AND CONTINUING FULFILLMENT. If ACCLIVITY elects, in its sole discretion, to produce subsequent updates and revisions to the Software (collectively, “Product Updates”), you may receive such Product Updates as they become available for your licensed version of the software. Payroll Tax Updates which include changes to payroll tax, withholding calculations, and payroll tax tables are provided as a service and additional fees apply for such service. Updates are delivered online. All Updates are subject to the terms of this License.
ACCOUNTEDGE HOSTED is an optional add-on service whereby you access AccountEdge via a Virtual Desktop provided by our partner, Apps4Rent. As such, both ACCLIVITY and Apps4Rent have limited, controlled access to your registration information and resulting credentials. Acceptance of the AccountEdge Pro End User License Agreement implies acceptance of the Apps4Rent Terms of Service.
NOT COMPATIBLE WITH macOS 10.15 CATALINA OR LATER ACCLIVITY makes no claims to update AccountEdge to be compatible with macOS Catalina or later.
COPYRIGHT PROTECTION. Except as set forth in “LICENSE” above, you may not copy or use the Software, and any copy that you make as permitted by this Agreement must contain the same copyright and other intellectual property notices that appear on or in the Software. The Software is protected by United States and International copyright or other intellectual property law. ANY USE OF THE SOFTWARE, EXCEPT AS EXPRESSLY PERMITTED IN THIS LICENSE AGREEMENT, MAY SUBJECT YOU TO CIVIL DAMAGES AND LEGAL FEES, AND MAY BE A SERIOUS CRIME.
CONFIDENTIALITY. The Software constitutes Confidential Information and contains trade secrets of ACCLIVITY. You are not permitted to disclose the Software to any third party except in accordance with this Agreement. You may not reverse engineer, disassemble, or decompile the Software, payroll tax tables or other related files, or otherwise attempt to discover the source code of the Software.
TRADEMARKS. Trademarks shall be used in accordance with trademark law, including identification of trademark owners’ goods and services. Trademarks can only be used to identify printed output produced by the Software, and such use does not give you any rights of ownership in that trademark.
TAX TABLES. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PAYROLL TAX TABLES AND SALES TAX TABLES (“TAX TABLES”) WHETHER PROVIDED BY ACCLIVITY OR OTHERS, TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE TAX TABLES AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE TAX TABLES. ACCLIVITY DISCLAIMS ANY WARRANTY OR CONDITION THAT THE FUNCTIONS CONTAINED IN THE TAX TABLES WILL MEET YOUR REQUIREMENTS OR THAT THE TAX TABLES OR THE OPERATION OF THE TAX TABLES WILL BE INTERRUPTION OR ERROR FREE.
PROFESSIONAL ADVICE. ACCLIVITY IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE OR SERVICE. IF LEGAL ADVICE, OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. IT IS YOUR RESPONSIBILITY TO KEEP INFORMED OF ACCOUNTING, TAX, AND/OR PAYROLL CHANGES THAT MAY AFFECT YOU AND TO ENSURE THAT YOU FOLLOW THESE CHANGES.
LIMITED WARRANTY AS TO MEDIA. ACCLIVITY warrants that the media on which the Software is recorded is free from defects in materials and workmanship under normal use for a period of 30 days from the date of your original purchase.
DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED IN THE FOREGOING PARAGRAPH (“LIMITED WARRANTY AS TO MEDIA”), ACCLIVITY DISCLAIMS ANY AND ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE AND RELATED MATERIALS ARE PROVIDED “AS IS”. ACCLIVITY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT THE PRODUCT IS FREE OF VIRUSES OR ERRORS OR WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ACCLIVITY DISCLAIMS ANY WARRANTY AS TO THE PERFORMANCE OF THE SOFTWARE OR AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE INSTALLATION, USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. IT IS YOUR RESPONSIBILITY TO VERIFY THE RESULTS OBTAINED FROM USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary. This disclaimer of warranties and the limitation of liability below shall not be modified, diminished or affected by, and no obligation or liability will arise or grow out of the rendering of technical, programming, or other advice or service, or the provision of support for the Software by ACCLIVITY.
LIMITATION OF REMEDIES. ACCLIVITY’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF ANY DEFECTIVE MEDIA (SUCH AS CD-ROM) RETURNED BY YOU TO ACCLIVITY WITH PROOF OF PURCHASE DURING THE 30-DAY LIMITED WARRANTY PERIOD, AS SET FORTH ABOVE. IN NO EVENT WILL ACCLIVITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, DATA, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE EVEN IF ACCLIVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ACCLIVITY ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE EXCEED THE FEE PAID BY YOU FOR THIS LICENSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
GENERAL. This Agreement will inure to the benefit of ACCLIVITY, its successors, and assigns and will be construed under the laws of the State of New Jersey, USA, except for that body of laws dealing with conflict of laws. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted and the remainder will remain in full force. This Agreement is the entire agreement between you and ACCLIVITY in respect of the Software.
Acclivity Software License Agreement
Notice Specific To Software Available On This Website: Any software downloaded from this website is governed by the terms of the End User License agreement (EULA), which accompanies or is included with the software. Any reproduction or redistribution of the software not in accordance with the EULA is prohibited by law. Without limiting the foregoing, reproduction or copying of the software to any other server, site, or location for subsequent reproduction or redistribution is expressly prohibited.
Notice Regarding Documents And Documentation: In no event shall Acclivity be liable for any special, indirect, or consequential damages whatsoever resulting from the loss of use, data, or profits, whether in action of contract, negligence, or other action, arising out of or in connection with the use of the performance of software, documentation, or information available on this website. The documents published on this website could include technical inaccuracies or typographical errors. The information presented on this website is changed periodically, and Acclivity may make improvements and/or changes in the product(s), programs(s), and/or documentation described at any time, without notice.
Links To Third-party Sites: Some links on this website will let you leave the AccountEdge site. The linked sites are not under the control of Acclivity and Acclivity is not responsible for their content. These links are provided as a convenience and do not imply an endorsement of the site or its content by Acclivity.
Trademarks: AccountEdge and Acclivity are registered trademarks of Acclivity Group LLC. Checkout is a trademark of Werck BV. MYOB and the MYOB logo are registered trademarks of MYOB Technology Pty Ltd. Other product and company names mentioned on this website may be the trademarks of their respective owners.
AccountEdge Payroll Tax and Software Support Plans and Services
Terms and Conditions
General Policies: Acclivity reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident, which is defined as a single support issue or question. Acclivity may also limit or terminate support service to a customer who uses the service in an irregular, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability are subject to change at any time without notice. AccountEdge Software Support benefits apply only to the software title for which the Plan subscription is held.
Service Availability: Software Support benefits are limited to the date range for which payment is made. Annual plans allowed to terminate will be ineligible for plan benefits. Service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance and observed public holidays. Acclivity cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query – as call volumes fluctuate, so too will response time. Service may occasionally be limited or unavailable due to system downtimes, company events and training, holidays or events beyond our control. Toll-free telephone use may be limited to calls from within the continental United States, depending on plan benefits.
Support Topic Limitations: Inquiries are limited to the following software areas: installation, upgrade assistance, basic usability and basic functionality, as described in product documentation. Acclivity does not claim to resolve connectivity issues caused by third-party services, service providers, hardware or software, or networking problems. Phone support does not cover inquiries on general accounting or taxation issues, nor does it include application consulting or training. Our technical support consultants will make the determination of the nature of your query for these purposes.
AccountEdge Payroll Tax Services and Software Upgrades: AccountEdge Payroll Tax Services entitle subscribers to upgrades without charge if such upgrades become available during the term of your subscription. Acclivity does not warrant that there will be any upgrades to your software during your subscription term. Software upgrades and updates are available as a download only and accessed from the AccountEdge or Acclivity website, in which instance a shipping and handling fee may apply for a CD, if available.
Payroll Tax Update Plans: AccountEdge annual payroll plans are prepaid on an automatic renewal basis, and are non-refundable. Acclivity does not provide refunds or credits for any partial months or years. You may cancel your plan for the upcoming year at any time prior to renewal date by emailing us at accountedge.com/help. Plans allowed to terminate for non-valid credit cards or any other reasons, and then renewed, will be renewed from the original plan expiration date, as plans are considered continuous. By signing up for an AccountEdge Payroll Plan and providing Acclivity with your payment account information, you hereby agree to these payment terms and conditions. A customer must be on the current version of AccountEdge before enrolling in a Payroll Tax Service.
AccountEdge upgrades are provided at no charge to Payroll Tax Plan members as released during their membership term, per paragraph 4 above. AccountEdge Payroll Tax benefits apply only to the software title for which the Plan subscription is held and are limited to the date range for which payment is made. Annual Payroll Tax Service plans are renewed automatically each year. Monthly plans have a 12-month minimum term and are subject to a termination fee for non-payment prior to 12 months. Annual and Monthly Payroll Tax Update plans will be ineligible for plan benefits upon failure of a credit card to provide payment.
Payroll and Payroll Tax Updates: Every effort is made to release payroll tax updates in as timely a manner as possible. However, Acclivity does not guarantee a specific timeframe for payroll tax update releases. Customers using Acclivity accounting software to process payroll assume full responsibility for payroll compliance and verification. In addition to other disclaimers, Acclivity and its suppliers disclaim any warranty that the payroll features and services will meet your requirements and that the results obtained will be error free. Payroll tax updates are provided as part of a subscription plan and are available to customers only during the term of the subscription, unless otherwise noted. Once a subscription expires, a customer may no longer access payroll tax updates, regardless of whether the subscription was active when a particular tax update was made available. You may only use, install and load the payroll tax updates and tables on those computer(s) used by the individual(s) for whom you have purchased a license or “Additional Workstation License” to the software.
Limits of Liability: Maximum liability to Acclivity Group LLC for any claim arising under the Plans will be the refund of an amount not exceeding the Plan fee paid by the Plan member. Acclivity shall not in any event be liable for any damages of any kind, including, but not limited to, damage resulting from loss of use of software, loss or corruption of data, or loss of profits in connection with the services of a Payroll Tax Service or Support Plan.
Disclaimer of Warranties: AccountEdge Payroll Tax Services and AccountEdge Support Plans are limited to Acclivity accounting and financial management software titles, regardless of other software or products that may be included with the AccountEdge software, either at point of purchase or by other means, including from Acclivity, or software or products recommended by Acclivity for use in conjunction with AccountEdge software, unless otherwise stated by Acclivity.
Refund Policy: Refunds of Telephone Support Plan fees are valid within 10 days of Support Plan membership provided Plan member has not used the Plan either with a telephone support call or fax. If the Plan member has used a benefit of the Plan, or if a refund is requested after 10 days of joining the Plan, Acclivity is not liable for the refund, but may give a refund at its sole discretion. Payroll Tax Service Plans are non-refundable. Payroll Tax Service Plans purchased on an automatic monthly billing plan are subject to a termination fee if terminated prior to one year.
Terms and Conditions
General Policies: Acclivity develops upgrades to its AccountEdge software to provide the features and benefits that will help small business owners remain competitive in their current and changing market environments. Therefore, AccountEdge and other software upgrades include features and benefits as added to the software, exclusive of add-on services, software support plans or payroll tax updates. AccountEdge and other software upgrades are subject to the license agreement included on the CD. Acclivity does not make any guarantees as to how frequently upgrades will be developed for any of its software titles.
Payroll Tax Updates: An AccountEdge or other accounting software upgrade does not include payroll tax table updates, regardless of tax update availability dates. Acclivity policy provides payroll tax table updates through the additional purchase of a Payroll Tax Service made available for this purpose.
Upgrade Return Policy: Acclivity will refund the purchase price of upgrades only when the refund is presented or requested within 10 days of receipt. Upgrades provided as a benefit of a Payroll Tax Service or Full Service Payroll, or other plan that includes an upgrade as a benefit, are not returnable for a refund of any kind. Upgrades purchased from a third-party are subject to that company’s return policy and may not be returned to Acclivity. Refunds for returned software upgrades will not in any event exceed the price paid for the upgrade, less shipping and handling charges and any rebates or promotional dollars given. Refunds may take 6-8 weeks for processing. Acclivity is not responsible for loss of data or otherwise liable for loss of profits, or damages of any kind resulting from the return of an AccountEdge or other software upgrade. Returned software upgrades must be permanently removed from any and all computers, per the Software License Agreement.
Terms and Conditions
General Policies: You may install and use the Software on only one computer that you own or operate and must not use or permit the usage of the Software on more than one computer
or computer terminal unless additional workstation licenses are purchased. Refer to the Acclivity Software License Agreement for additional details.
Company File Services
Terms and Conditions
General Policies: Acclivity warrants that it will not divulge the financial company information contained in the customer’s company file to any third party, or use it for any purpose whatsoever other than to repair or convert the customer’s company file. Each company file is unique, so processing times vary and are difficult to forecast. The average file takes between two and four hours to repair. Some take significantly longer and in some cases, cannot be repaired at all. In the case of files that cannot be repaired the same day that they are sent, a Company File Services representative will keep you informed of the status of your repair through to conclusion. Files are handled in the order in which they are received.
Pricing Policies: Company File Services charges $100 per hour to repair damaged or corrupted files. There is a two-hour minimum ($200) charge. Upon receipt of your company file, you may request an estimate before beginning any repairs. The price for password resets is $75.00 per file. The price for serial number changes is $75.00 per file. The price for upgrading company files from older versions is $30.00 per file. Customers can request expedited service for $150.00 plus the cost to repair the file.
Submitting Company Files for Repair: For all company files sent to Acclivity: An acknowledgement email must be sent from the customer giving permission to work on your company file and acknowledging the terms and conditions. Upon receipt of the acknowledgement email, a representative will contact you to advise the cost and processing time. In order to maintain file security, we only accept company files that are submitted through our secure ftp login. We ask you not to mail, FedEx, or email company files directly.
AccountEdge Connect Terms of Service
Terms and Conditions
By using AccountEdge Connect web site, (https://cloud.accountedge.com) you are agreeing to be legally bound by the policies and guidelines in the Terms of Service. Before registering for AccountEdge Connect, you must read and agree to the Terms of Service.
Acclivity LLC (“Acclivity”, “AccountEdge Connect”, “we”, and similar terms) provides AccountEdge Connect (“Service”) and this website and services provided through this website to you subject to these Terms of Service.
In these Terms of Service the term “Service” refers to the software and website providing sales, purchases, customer entry, time-tracking and other AccountEdge related functions. Users (Acclivity’s customers) who are given access to the Service are known as “Subscribers” throughout these terms. Subscribers may consist of the user’s employees, staff or anyone who has been provided access to the Subscriber’s account.
You must be of legal age (18 years of age) in order to use this Service.
Acclivity LLC reserves the right to modify, change, amend any part of these Terms and policies, at any time at its sole discretion, including but not limited to Service fees, options, policies and functionality. Acclivity LLC also reserves the right to suspend, or discontinue the Service at any time for any reason with or without notice. Changes to the Terms of Service and Billing Rates and other Options will take effect on the day the Terms of Service and Billing Rates changes are posted to the site. Continued use of the Service after any such changes shall constitute your consent and acceptance of such changes. If you do not agree to the Terms of Services you must stop using the Service immediately.
The Services provided by Acclivity LLC through this Application and Site are for your own use. You may not distribute, resell, lease or provide to other parities except when expressly permitted through this Service, software and website.
Violation of any of the terms below will result in the termination of your Account.
Fees and Charges
The fees and charges are available on this site and may change at any time without notice. Subscribers will be notified within 30 days to changes to the fees and other options via email address provided during registration. Fees are billed in advance on a monthly billing cycle and are non-refundable. Annual Subscriptions, if offered, are paid in advance and are also non-refundable. If a 30-day free trial period is offered, upon the completion of the trial period, your access to the Service and your data will be disabled until the Subscriber has signed up for a Paid Subscription.
You are responsible for any applicable taxes based on your jurisdiction. Acclivity LLC may collect applicable taxes based on the service provided and your businesses location.
Registration Data and Security
Upon registering for an account (free or paid subscriptions), you agree to provide accurate Registration Details including legal full name, business address, email address, billing address, phone and other contact information, and update such information as needed when your Registration or Contact Details change. This non-sensitive data is used for providing technical support and customer service activities including communicating with you regarding your account and changes to the service.
You are responsible for all fees and charges incurred by your use of the Application and Service. You agree to maintain and keep private and secure your login information including user names and passwords. You are responsible for accepting all risks of unauthorized access to Registration Details and any other information or data you provide through the Application and Service.
Intellectual Property Rights, Copyrights and Trademarks
You accept that Acclivity LLC owns all right, title and interest in the Service, Software and Web Site without limitation, and all intellectual property rights as protected by U.S. and International Intellectual Property Laws. The Software, Service and Website constitutes Confidential Information and contains trade secrets of ACCLIVITY. You may not reverse engineer, disassemble, or decompile the Service, or otherwise attempt to discover the source code of the Software, Service or Website.
The Service is protected by United States and International copyright or other intellectual property law. ANY USE OF THE Service, EXCEPT AS EXPRESSLY PERMITTED IN Terms of Service, MAY SUBJECT YOU TO CIVIL DAMAGES AND LEGAL FEES, AND MAY BE A SERIOUS CRIME.
You agree to not reproduce, duplicate, copy, resell or exploit any portion of the web site, service or software without the express written permission of Acclivity Group LLC.
You agree to not reproduce, modify, change, alter another website to imply any relationship or association with the Service, website, software or Acclivity.
AccountEdge Connect is a trademark of Acclivity Group. AccountEdge and Acclivity are registered trademarks of Acclivity Group in the United States, Canada and other countries.
Content and Copyright Ownership
The Service may include user and third party discussion forums in which you may post questions, answers, messages, and other materials and content. You are solely responsible for any content provided and use of such forums are at the user’s risk. Acclivity does not pre-screen such user generated Content but does reserve the right to refuse or remove any User Content at Acclivity’s sole discretion that has been made available via the service and forums.
Technical Support is provided only to paying subscribers and is available only via email.
You understand that Acclivity uses third party providers and vendors to provide hosting services, storage software and related technology required to run the Service.
You agree not to post, publish, distribute, store or transmit any Content including but not limited to data, messages, text, music, video, sound, images, or other material that is unlawful, offensive, libelous, defamatory, obscene, pornographic or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Acclivity may, but has no obligation to, remove Content and Accounts containing such content mentioned above.
You may not post, share, upload, transmit or store any private information of a third party unless expressly consented to such use including without limitation addresses, phone numbers, email addresses, or credit card information.
You agree not to post, share, upload or transmit viruses, worms, corrupted data, or other harmful code or destructive files.
You may not use the Service, forums or web site to send or upload any unsolicited emails or commercial messages to third parties if those messages are not authorized or solicited by the third party. With the use of the Service, you agree to comply with any laws in any jurisdiction relating to spam and other marketing practices.
You understand that the transmission and processing of data in the course of delivering the Service including your Content and data may be transferred unencrypted and involve the transmission of said data and content across various networks.
Acclivity disclaims any and all warranties to the maximum extent permitted by applicable law.
Acclivity disclaims all warranties and conditions, whether express, implied, statutory or otherwise, including without limitation, warranties of merchantability or fitness for a particular purpose, or warranties that the product is free of viruses or errors or warranties of non-infringement of third-party rights. Acclivity disclaims any warranty as to the performance of the service, website or software or as to the results that may be obtained by using the software. It is your responsibility to verify the results obtained from use of the service.
Acclivity does not warrant that the service will: meet your specific requirements; that the Service will be uninterrupted, secure or error free; that the service will be accurate or reliable; that the Service will meet your expectations; operate on your computer’s configuration, software and operating system; that mathematical calculations performed by the Service will be accurate; or that errors in the Service will be corrected. While Acclivity attempts to make your access to and use of the Service and website safe, Acclivity does not represent or warrant that the Service, website or content on such are free of viruses or other harmful components.
Limitation of Liability; Indemnity
In no event will Acclivity, its subsidiaries, affiliates, distributors, republishers, resellers, contractors, partners and any of their successors or assigns or officers, directors, agents and employees be liable to you for any direct, indirect, special, incidental or consequential damages (including but not limited to lost revenues, data, content, profits or savings) arising out of your use or inability to use the software even if Acclivity has been advised of the possibility of such damages.
You expressly understand and agree that Acclivity and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives (collectively, the “Related Parties”) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, revenues, goodwill, use, data or other intangible losses (even if Acclivity has been advised of the possibility of such damages), resulting from:
The use or the inability to use the Service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Service; or
Any other matter relating to the Service. Notwithstanding anything to the contrary contained herein, Acclivity’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to Acclivity for the service in the 3 months prior to the notification of any claim or $120.
You shall defend, indemnify and hold harmless Acclivity and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service or website or the use by your staff or any other person to whom you have given access to the Service and website.
Exclusions and limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
Enforcement of Rights and Provisions
The failure of Acclivity to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Acclivity and govern your use of the Service and website, superseding any prior agreements between you and Acclivity including, but not limited to, any prior versions of the Terms of Service.
Applicable Law and Forum
The Terms of Service and the relationship between you and Acclivity shall be governed by the laws of the State of New Jersey in the United States without regard to its conflict of law provisions. You and Acclivity agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Morris, State of New Jersey regardless of (i) your world-wide physical location, or (ii) the jurisdiction where you purchased or use the Service.
Termination and Modification of Service and Offering
Notwithstanding any provision of these Terms, Acclivity reserves the right, without notice and in its sole discretion, to (a) terminate your subscription to use the Services, (b) block or prevent your future access to and use of all or any portion of the Services, website or your User Content (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
Inactive Accounts; Termination of Agreement
If your account is inactive for an extended period of time, Acclivity reserves the right to deactivate your subscription and account. We will notify you in advance if we decide to deactivate or delete your account. If you know in advance that your account will be inactive for an extended period of time you can notify us by contacting Customer Service via email.
You and Acclivity may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. No refunds will be provided for remaining days of a billing cycle month. For example, if an account is cancelled on the 15th of the month with 15 days remaining, refunds are not provided for the remaining 15 days of the billing cycle. When your subscription is terminated, your User Content and access to the Service will, shortly thereafter, not be accessible.
No Right of Survivorship and Non-Transferability
You agree that your account and subscription is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred…