General Terms of Service
This website is offered as a free service to you. Your use of this website constitutes your agreement to all the terms of use contained in this document and the Privacy Policy. Agency Couture is also commonly referred to as aCo Digital, aCo, or aCo.Digital.
The information that is made available on this website is intended for general information purposes only and is provided on an ‘as is’ basis without any warranties of any kind. Neither we, nor any of our associated Companies, accepts any liability for any loss arising as a result of reliance on the information contained on this website.
- This website is owned by Agency Couture, LLC and is protected by copyright and database rights. You acknowledge that all trade marks (registered or unregistered) used in providing this service shall remain the property of Agency Couture, LLC at all times.
- You shall not copy, adapt, exploit or otherwise use the information contained on this website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal, provided that you do not delete any copyright and other proprietary notices contained therein.
- Any decision made in relation to purchasing merchandise and/or services as a consequence of information obtained from our website is your sole responsibility. The only assurance that we can give concerning the accuracy of the information is to state that all reasonable endeavours are made to remove incorrect information from the website as soon as we are able to.
- We may make improvements or changes to the products, services and prices detailed on this website at any time without notice.
- Whilst we retain the right to establish any hypertext links between this website and any third party website at our discretion, you agree that you will not create any hypertext links or deep links between this website and any third party website without our express written consent.
- If you choose to use such a link as detailed in Clause 5 then you will leave this website. Once you leave this website, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury of financial loss of any kind.
- You must not disclose to or allow any other person to use your user name and password.
- If you lose, forget or misplace your user name and/or password then we are under no obligation to reissue you with this information.
- You agree that you will not use this website to:
- commit or encourage any criminal offence, including but not limited to harming a minor in any way and stalking or harassing another;
- collect or store personal data about other users;
- insert or knowingly or recklessly transmit or distribute a virus, worm, trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this website;
- upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking; hack into any aspect of this website;
- upload, post, e-mail or otherwise transmit links to any content that infringes the intellectual property rights of any third party;
- circumvent, or attempt to seek to circumvent, any of the security safeguards of this website; cause annoyance to other people accessing this website;
- send any unsolicited advertising or other promotional material, commonly referred to as ‘spam’, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation by e-mail or by any other electronic means; send e-mail or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
- permit any third party to do any of the above.
- While we try and ensure that all information on this website is accurate and up to date, errors may occur and we accept no liability for such errors. If we discover an error we will amend the website as soon as reasonably possible.
- We neither warrant nor represent that your use of this website will not infringe the rights of third parties.
- We are interested in protecting your personal information and we only use your personal information in accordance with our Privacy Policy.
- You have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with this website and will not make a claim against Agency Couture for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of such materials. We recommend that you make frequent backups of all personal and business data that you are otherwise contributing to our sites, applications, and storage and make no gaurantees to the storage of data herein.
- We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
- Agency Couture reserves the right to refuse access to this website or any component of it. Agency Couture may at any time, at the discretion of management, refuse access to certain areas of this website to any individual it chooses – this refusal of access may take whatever form the management deem suitable.
- These terms shall be governed by and construed in accordance with US law and subject to the exclusive jurisdiction of the court system of Polk County or Marion County Iowa, USA. If you have any queries regarding this website or the information contained on it, please contact the website administrator by e-mail at support@aco.digital.
- This website is controlled and operated by Agency Couture from the United States of America. Agency Couture makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at laws, if and to the extent local laws are applicable. No material from this website may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to US exporting restrictions/legal or socio-economic sanctions.
- If you have any questions about our Privacy Policy, the Terms & Conditions or any other aspect of this website please contact us in writing at: P.O. Box 422 Knoxville, Iowa 50138
- Any contractual agreements will be in writing and signed by both parties. Any agreements verbal, message, text or otherwise will not be considered legally binding or hold ACO, it's owner, partners, affiliates, or employees to any obligations up to the full extent allowable by law.
Refunds
Service Rules
Indemnity
Tools and Pricing
Tools and Pricing
Additional user license fees may apply (each additional user)
Multiple brands may require additional licenses
All packages and tools include taxes
Tool pricing is subject without notice to changes based on vendor pricing
Tool setup may take up to 12 months
Tool cancellation requires setup
Digital Adivsory
Digital advisory retainer requires tool subscription.
Domain management is required for email and single sign on (SSO)
Team is available for up to 2 hours of training or meetings weekly
For support use website chat or Facebook Business Messenger at http://facebook.com/agencycouture (support portal coming soon)
Virtual Assistant
Requires tool subscription
Additional terms and conditions apply. See contracts or terms of service for details.
Liability Boundaries
Dispute Resolution and Arbitration Agreement
- Rules Governing the Arbitration.
- Any arbitration conducted pursuant to the Arbitration Agreement shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (the "AAA Rules"), as modified by the provisions set forth in these Terms. Copies of the AAA Rules can be obtained at the AAA's website (www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims or otherwise preside over any form of representative, collective, or class proceeding.
- As part of the arbitration, both you and ACO will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based.
- The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users or Fulfillers but is bound by rulings in prior arbitrations involving the same User or Fulfiller to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
- Location and Manner of Arbitration. Unless you and ACO agree otherwise (or is documented in a contract or service agreement), any arbitration hearings between ACO and a User will take place in the county of your billing address, and any arbitration hearings between ACO and a Fulfiller will take place in the county in which the Fulfiller provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, ACO agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
- The Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; (2) a representative action brought on behalf of others under the PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 9(d) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers' compensation, state disability insurance, and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
- Nothing in the Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state, or federal agency, and nothing in the Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; however, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under these Terms. Nothing in these Terms or the Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim, or charge otherwise covered by the Arbitration Agreement.
- Severability. In addition to the severability provisions in subsection (d) above, in the event that any portion of the Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
- Fulfiller Claims in Pending Settlement. If you are a member of a putative class in a lawsuit against ACO involving Fulfiller Claims and a motion for preliminary approval of a settlement has been filed with the court in that lawsuit prior to the Effective Date (a "Pending Settlement Action"), then the Arbitration Agreement shall not apply to your Fulfiller Claims in that particular class action. Instead, your Fulfiller Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable agreement that you accepted prior to the Effective Date.
Exceptions to Arbitration.
Cancellation
- Early cancellation
- No refunds will be issued in the event of termination or early cancellation. All sales are final. Tools and retainer agreements are due in full within 30 days of cancellation.
- In the event that a client terminates services early or goes without payment for more than 30 days they may be issued a fee of $50 per month for every month past due; or the maximum allowable by law.
- If a client cancels without payment and has a card on file, they may be billed for the full term of the existing contract plus late fees upon early termination. In the event that the card on file fails or is cancelled, the bill will be sent to collections and the client agrees to pay any and all fees for collections, legal fees, and court costs to settle the bill.
- Client agrees upon termination not to share proprietary information, intellectual property or other information publicly or privately. Further agrees not to utilize the toolset, customizations, contact list, or intellectual property of Agency Couture, clients, partners or successors to create a competing business. Remedies Client agrees that any violation or threatened violation of this agreement by the receiving party will cause irreparable injury to Agency Couture, entitling Agency Couture to obtain injunctive relief ini addition to all legal remedies. The obligations of the Client shall survive until the time any confidential information becomes publicly known and made generally available through no action or inaction of the Client.
- Severability. In addition to the severability provisions in subsection (d) above, in the event that any portion of the Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
- Client agrees that during the engagement and for a period of (3) three years after termination of the contract, without Agency Couture's express written consent, Client shall not directly or indirectly, employ, solicit for employment, or recommend for employment any person employed by Agency Couture or any affiliates; and will not engage in any present or contemplated business activity that is or may be competitive with Agency Couture and affiliates in any state where Agency Couture conducts its business, unless the party can prove that any action take in contravention of this subsection was done without the use in any way of confidential information.
- Client agrees not to issue a chargeback for any reason. If Agency Couture receives a chargeback or failed payment the client agrees to pay any fees associated to recover lost funds as well as cost of time for recovering lost payments including accounting team, collections, legal fees, billing fees and administrative wages at the maximum allowable by law.
Intellectual Property
- All intellectual property rights in the Services shall be owned by AGENCY COUTURE, LLC absolutely and in their entirety. These rights include but are not limited to database rights, copyrights, patents, trade secrets, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth in the Services are the property of their respective owners.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, photos, images, videos, data, or other information or materials ("Submissions") provided by you to us are non-confidential and shall become the sole property of AGENCY COUTURE, LLC. AGENCY COUTURE, LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions. Your Submissions may not be false, materially misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, invade a person's privacy, infringe another person's intellectual property or proprietary rights, or otherwise violate applicable law. You represent and warrant that you own or otherwise control all of the rights to your Submissions; that the use of such materials by AGENCY COUTURE, LLC will not infringe upon or violate the rights of any third-party; and that you will indemnify AGENCY COUTURE, LLC for all claims resulting from your Submissions.
Website Design and Hosting Terms
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Last Updated June 1, 2021