These Terms of Use (“Terms”) govern your subscription in and use of The Accord, a paid intelligence service that is available to subscribers via email newsletter (“Newsletter”) or on the website (“Website”) available at https://the-accord.beehiiv.com/ (the “Website” and “Newsletter” are collectively referred to as the “Services”). The Services are operated by Earnscliffe Strategy Group (“Earnscliffe”, “We” or “Us”). These Terms apply to all visitors to the Website and subscribers to the Services (“You”, or “Your”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, YOU CANNOT USE THE SERVICES.
1) SERVICES
1.1 Services. The Services are a paid intelligence service that delivers comprehensive, tri-lateral information and perspectives on North American trade. The Services are developed in collaboration with Alpine Group and InStrag. The content uploaded onto the Services will be developed by Alpine Group, Earnscliffe, and InStrag (“Content”). We will use commercially reasonable efforts to update the Content on a regular basis. A subscription to the Services will provide you with access to the Website and Newsletter.
2) REGISTRATION
2.1 Registration. By subscribing to the Services, You represent and warrant that all information provided is accurate. If you subscribe as a business entity or other organization, You represent that you have the authority to bind the entity to these Terms. You will be able to access the Services after you have paid the applicable Fees (as described below).
2.2 Personal Information. When subscribing to the Services, you may be asked to provide certain personal information. This information will be collected, used, and disclosed in accordance with our Privacy Policy, which is available at: https://www.iubenda.com/privacy-policy/39979771 If you provide personal information of a third party, you represent and warrant that you have received consent from that party to provide the personal information to Us in accordance with our Privacy Policy.
3) PAYMENT TERMS
3.1 Subscription Fees. To subscribe to the Services, a one-time payment of an amount as displayed at checkout is required (“Fees”). The Fees are final and non-refundable. Once paid, You will not be entitled to any refund, credit, or prorated reimbursement for any reason, even if You choose to stop using the Services before the end of the Term (as defined below).
3.2 Taxes. Each party shall be responsible for its own taxes arising from these Terms. Fees payable by You under this Agreement are exclusive of any taxes, duties, or levies imposed by applicable law, including but not limited to sales, use, value-added, or similar taxes. You shall be responsible for and shall pay all such taxes associated with the Services, excluding taxes based on Earnscliffe’s net income, property, or employees. If We are required to collect any such taxes, You agree to pay such amounts promptly upon receipt of an invoice.
4) LICENSE; INTELLECTUAL PROPERTY
4.1 License. Subject to your compliance with these Terms and your payment of the Fees, Earnscliffe grants you a revocable, non-transferable, non-sublicenseable, non-exclusive, license to access and use the Services for your internal business purposes only. Except as explicitly provided herein, nothing in the Terms gives you the right to use Earnscliffe’s names, trademarks, logos or other distinctive brand features without prior written consent.
4.2 Reservation of Rights. As between Earnscliffe and You, the Services and the Content, and all intellectual property rights related thereto, are the exclusive property of Earnscliffe and its licensors. Use of the Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
4.3 Feedback. You may choose to, or we may invite you to submit comments or ideas about the Content or Services, including but not limited to, about how to improve the Content or Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and that We are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
5) RESTRICTIONS5.1 Services Restrictions. Earnscliffe may impose certain limitations on the use of the Services, with or without notice to you. You agree to use the Services only for purposes as permitted by these Terms. We also reserve the right at all times to terminate any use of the Services at any time without any liability whatsoever.In using the Services, you shall not:
a) Resell, republish, distribute, or otherwise share the Content with any third party, including other individuals within your own organization who are not licensed subscribers.
b) Forward, copy, or paste the Content to non-subscribers.
c) Reproduce, modify, or create derivative works based on the Content.
d) Use the Services for any illegal or unauthorized purpose.
e) Share your account login credentials or otherwise allow others to access the Services through your subscription.
f) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
g) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Services; or
h) upload, post, email, transmit or otherwise make available any material that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
(ii) you do not have a right to make available under any law or under a contractual relationship;
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
(iv) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Services; or
(vi) contains any falsehoods or misrepresentations or create an impression that is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way.
Violation of these Terms may result in the immediate termination of Your subscription without refund and may subject You to legal action.
6) INDEMNITY
You agree to defend, indemnify, and hold Earnscliffe, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, relating to or arising from:
(a) any violation of these Terms or applicable law; or
(b) any violation of Earnscliffe’s intellectual property rights. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
7) CONFIDENTIAL INFORMATION
7.1. Definition of Confidential Information. “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, in writing, electronically, or otherwise, including but not limited to business plans, financial data, technical information, trade secrets, customer lists, and any other information marked or reasonably understood to be confidential.
7.2. Obligations. The Receiving Party shall:
a) maintain the confidentiality of all Confidential Information;
b) not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except as permitted herein;
c) use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement; and
d) take reasonable measures to protect Confidential Information from unauthorized use or disclosure.
7.3. Carve-Outs. Confidential Information shall not include information that:
a) is or becomes publicly available through no fault of the Receiving Party;
b) was lawfully known to the Receiving Party prior to disclosure by the Disclosing Party;
c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or
d) is lawfully obtained from a third party without restriction on disclosure.
7.4. Required Disclosure. If the Receiving Party is required by law, regulation, or court order to disclose any Confidential Information, it shall provide prompt written notice to the Disclosing Party (to the extent legally permissible) and cooperate in seeking a protective order or other appropriate remedy.
7.5. Injunctive Relief. The Receiving Party acknowledges that any unauthorized disclosure or use of Confidential Information may cause irreparable harm to the Disclosing Party for which monetary damages may be inadequate. Accordingly, the Disclosing Party shall be entitled to seek injunctive relief, specific performance, or other equitable remedies in addition to any other rights or remedies available at law or in equity.
7.6. Survival. The obligations under this section shall survive the termination or expiration of this Agreement for a period of two (2) years from the date of termination.
8) TERM; TERMINATION
8.1 Term. The term commences on November 11, 2025 (or later based on the effective date of Your subscription) and terminates for all subscribers on August 31, 2026 (“Term”).
8.2 Termination by Earnscliffe. Earnscliffe may, at any time and for any reason or no reason, without prior notice, immediately suspend access to the Services. Cause for such termination shall include, but not be limited to:
(a) violations of the Terms;
(b) discontinuance or material modification to the Services or any part thereof;
(c) a request and/or order from law enforcement, a judicial body, or other government agency;
(d) where provision of the Services to You is or may become unlawful;
(e) unexpected technical or security issues or problems; or
(f) Your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Earnscliffe in its sole discretion, and Earnscliffe will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.
9) DISCLAIMER OF WARRANTIES AND CONDITIONS
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. EARNSCLIFFE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.THE CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE CONTENT. THE CONTENT DOES NOT CONSTITUTE FINANCIAL, LEGAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
10) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EARNSCLIFFE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES OR THE CONTENT, OR (B) ERRORS, MISTAKES, INACCURACIES, OR RELIANCE ON THE CONTENT OR THE SERVICES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EARNSCLIFFE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.EARNSCLIFFE’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100).
11) GOVERNING LAW; JURISDICTION
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms and you consent to the jurisdiction of such courts for any such action or proceeding.
12) MISCELLANEOUS
These Terms, together with the and Privacy Policy, constitute the entire agreement governing use of the Services. We reserve the right to modify or change the Services at any time without notice or liability to you. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Earnscliffe may assign these Terms for any reason without notice to you. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
13) CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Website and/or by email. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
14) CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Services, please contact us at [email protected]
.Last Modified: November 15, 2025