Effective Date: January 1, 2025
Welcome to the AmeriTrust.com website (the “Site”). These Terms of Use (“Terms”) constitute a binding agreement between you (“User” or “you”) and AmeriTrust Financial Technologies Inc. (“AmeritTrust”, “Company,” “we,” or “us”). These Terms of Use include the AmeriTrust Privacy Policy and state the agreement (“Agreement”) between you and us regarding your use of this website. This Agreement also provides important information to you, including information about your obligations about content and our limitation of liability to you. By accessing or using this Site, you agree to these Terms. If you do not agree, please refrain from using the Site.
1. Use of the Site
1.1 Eligibility: You must be at least 18 years old and capable of entering into a binding contract to use the Site. By using the Site, you represent and warrant that you meet these requirements.
1.2 License: Subject to these Terms, AmeriTrust grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful purposes related to exploring our products and services. This does not grant you any right or license with respect to any trademarks, content and logos on the Site.
1.3 Prohibited Conduct:
- You may not use the Site for unlawful purposes or to violate any applicable laws or regulations.
- You may not engage in any activity that disrupts or interferes with the Site’s functionality.
- You may not attempt to gain unauthorized access to any portion of the Site or its systems.
2. Intellectual Property
2.1 Ownership: All content on the Site, including text, graphics, logos, images, and software, is the property of AmeriTrust or its licensors and is protected by intellectual property laws.
2.2 Restrictions: You may not reproduce, decompile, distribute, modify, or create derivative works from any content on the Site without prior written permission from AmeriTrust.
3. Third-Party Links
The Site may contain links to third-party websites (“Third Party Sites”) for your convenience. These links do not imply endorsement by AmeriTrust, and we are not responsible for the content, accuracy, or practices of these third-party sites. You should review any applicable terms or privacy policy of a Third-Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
4. Communication
For purposes of responding to you and providing you with information and notices about your account or this website, you agree that we may communicate with you through the contact information associated with your AmeriTrust account or otherwise provided by you, including your email address, telephone number, or the postal address you provided. We have no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about this website. When you request information from us you are extending an express invitation for us to contact you.
5. Disclaimers
AmeriTrust provides this website on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, AmeriTrust and its agents, affiliates, and representatives disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. Except as specifically provided in this agreement or where the law requires a different standard, you agree that neither AmeriTrust nor its affiliates is responsible for any loss, property damage, or bodily injury, whether caused by access to or use of this website. Any material, service, or technology described or used on this website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. AmeriTrust does not guarantee that this website will function without interruption or errors in functioning. The operation of this website may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, AmeriTrust and its affiliates disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of the sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
6. Limitations of Liability
In no event will AmeriTrust or any of its agents, affiliates, or representatives be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these terms of use or your use of this website, even if such party has been advised of the possibility of such damages. The exclusion of damages under this paragraph is independent of your exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of these terms of use, or you have any dispute or claim against AmeriTrust, its agents, affiliates, or representatives with respect to these terms of use or this website, then except as specifically provided in this agreement or where the law requires a different standard, your sole and exclusive remedy is to discontinue using this website.
7. Indemnification
You agree to indemnify, defend, and hold harmless AmeriTrust and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any rights of a third party.
8. Modifications
AmeriTrust reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms.
9. Governing Law
You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Except as otherwise provided herein, you agree that any action at law or in equity arising out of or relating to these this Agreement or the use of this website shall be filed only in the state or federal courts located in Dallas County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
10. Termination
AmeriTrust reserves the right to terminate or limit your access to the Site at any time, for any reason, without notice.
11. Additional Legal Terms
The following additional legal terms shall also apply:
A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding this website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement; provided that any loan or lease obtain by You will also be subject to the terms and conditions of any documents and disclosures provided in connection with the loan or lease and in the event of any conflict, those documents will control. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AmeriTrust products or services.
C. Amendments to this Agreement. We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective upon posting at ameritrust.com or notifying you otherwise.
D. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
E. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this website.
F. Complaint Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on this website in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information: (i) your name, address, phone number, and email address, so that we can reach you; (ii) identification of the copyrighted work(s) you believe to be infringed; (iii) identification of the material on the website you believe is infringing, including a location description (e.g., a URL); (iv) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and that the information you provided is accurate; (v) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a physical or electronic signature. Send your infringement notices to: AmeriTrust Financial Technologies Inc., 300-1100 Burloak Drive, Burlington, ON, Canada L7L 6B2 or [email protected].
12. Contact Information
If you have any questions about these Terms, please contact us at:
AmeriTrust Financial Technologies Inc.
300-1100 Burloak Drive,
Burlington, ON L7L 6B2
1-800-600-6872
[email protected]
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY AMERITRUST.
By using this Site, you acknowledge that you have read, understood, and agreed to these Terms of Use.
AmeriTrust Financial Technologies Inc., AmeriTrust Serves LLC and AmeriTrust Auto LLC are not chartered banks or trust companies, or depository institutions. They are not authorized to accept deposits or trust accounts and are not licensed or regulated by any state or federal banking authority.