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TrustedSite Service Overview
The Service includes (but is not limited to) the provision of TrustedSite certification services for websites, such as Network Security Audits, trustmarks, certifications, website diagnostics, and search submission, TrustedSite's Browser Extensions and Shopper Identity Protection services for consumers. "Network Security Audits" are audits conducted to ascertain the compliance of Devices with certain security standards published on the applicable Website and to identify security vulnerabilities. "Devices" means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
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Network Security Audits
By using the TrustedSite Services, you hereby authorize TrustedSite to perform Network Security Audits on any Devices and Internet Protocol addresses ("IPs") specified by you. Network Security Audits are performed with the assistance of TrustedSite employees or its appointed contractors.
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Identity and Authority
You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with the Service, and agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to the Service or accepting these Terms, you represent and warrant that you have all necessary rights to permit TrustedSite to perform the Service, including without limitation with respect to all Websites and Devices for which you use the Service. You agree to cooperate with TrustedSite in reasonable measures to verify the identity and authority of persons using the Service.
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Trademarks; Display of the TrustedSite Certification Images
The Service is provided to you from TrustedSite and TrustedSite shall be the merchant of record for any transactions in relation to the Service. Subject to your payment of all applicable fees and compliance with these Terms, TrustedSite may allow you to display the TrustedSite certification images while these Terms are in effect, solely in connection with the Service, in the manner directed by TrustedSite and as permitted by the functionality of the Service. You may only place the TrustedSite certification images on sites that are actively being scanned by the Service. The TrustedSite certification images shall at all times be served only from TrustedSite's designated servers and shall remain under the full control of TrustedSite. TrustedSite shall have the right to discontinue the serving of the TrustedSite certification images, if any of your website, or other Device that is being scanned in connection with the Service, fails to pass TrustedSite's audits for a period of 72 hours or longer. Should you discontinue the Service or should these Terms terminate for any reason, you agree to immediately remove all HTML source code supplied by TrustedSite from its servers and all TrustedSite marks or references from its website(s) and other materials. You are prohibited from using the TrustedSite certification images for or on behalf of any third party (including any other organizations) or in connection with any domain name and/or organization name other than those being scanned in connection with the Service, and enrolled and established under your account.
You will not apply to register any of the TrustedSite certification images or trademarks —or any confusingly similar marks—with any trademark office. You further agree that you have no power or right to and shall not, while these Terms are in effect or thereafter, attack the title or any rights of TrustedSite or its affiliates in or to the TrustedSite certification images.
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Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
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Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@trustedsite.com.
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General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as expressly set forth in these Terms or required by law. Unless otherwise stated, fees for the Service are due in advance and subject to payment terms in the invoice(s) for the Service, which are incorporated into these Terms by reference. You will be responsible for paying all sales and other taxes, however designated, which are levied or imposed by reason of the transactions contemplated hereby, except for taxes based on TrustedSite's net income.
- Refunds. For certain TrustedSite products purchased directly from TrustedSite (e.g., not via a TrustedSite third-party reseller or partner), if you are unhappy with the Service, or if you purchased the Service by mistake, you may request a refund within thirty (30) days of subscribing (or for an annual Service plan, upgrading) to the Service. If it is granted, TrustedSite will refund the most recent subscription payment. For the avoidance of doubt, unless expressly authorized by TrustedSite in writing in advance, TrustedSite will not provide any refunds for purchase of products and services purchased, licensed, or otherwise obtained from resellers or other channel partners.
- Price. TrustedSite reserves the right to determine pricing for the Service. TrustedSite will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. TrustedSite may change the fees for any feature of the Service, including additional fees or charges, if TrustedSite gives you advance notice of changes before they apply. TrustedSite, at its sole discretion, may make promotional offers with different features and different pricing to any of TrustedSite's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- Authorization. You authorize TrustedSite to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by the Service to the payment method specified in your account. If you pay any fees with a credit card, then TrustedSite may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, then you authorize TrustedSite to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
- Cancellation of Subscription Service. If you want to cancel a Subscription Service, then you may do so through the cancellation procedures described at https://support.trustedsite.com/hc/en-us/articles/360033637913. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms or as required by law.
- Delinquent Accounts. TrustedSite may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
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Licenses
- Limited License. Subject to your complete and ongoing compliance with these Terms, TrustedSite grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant TrustedSite an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
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Ownership; Proprietary Rights
The Service is owned and operated by TrustedSite. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by TrustedSite are protected by intellectual property and other laws. All Materials included in the Service are the property of TrustedSite or its third-party licensors. Except as expressly authorized by TrustedSite, you may not make use of the Materials. TrustedSite reserves all rights to the Materials not granted expressly in these Terms.
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Third Party Terms
- Third Party Services and Linked Websites. TrustedSite may provide tools through the Service that enable you to export information to third party services. By using one of these tools, you agree that TrustedSite may transfer that information to the applicable third party service. Third party services are not under TrustedSite's control, and, to the fullest extent permitted by law, TrustedSite is not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under TrustedSite's control, and TrustedSite is not responsible for their content.
- Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
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Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by TrustedSite;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
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Digital Millennium Copyright Act
- Respect of Third Party Rights. TrustedSite respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
TrustedSite, LLC
Attn: Legal Department (Copyright Notification)
929 Alton Rd Ste 500
Miami Beach, FL 33139
Email: copyright@trustedsite.com
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.
Your Notification of Claimed Infringement may be shared by TrustedSite with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to TrustedSite making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Repeat Infringers. TrustedSite's policy is to: (a) remove or disable access to material that TrustedSite believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. TrustedSite will terminate the accounts of users that are determined by TrustedSite to be repeat infringers. TrustedSite reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
- Counter Notification. If you receive a notification from TrustedSite that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TrustedSite with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to TrustedSite's Designated Agent through one of the methods identified in Section 12(b) (DMCA Notification), and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which TrustedSite may be found, and that you will accept service of process from the person who provided notification under Section 12(b) (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
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Modification of Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.
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Term, Termination, and Modification of the Service
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14(b).
- Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, TrustedSite may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time as provided in Section 7(e) or by contacting customer service at support@trustedsite.com.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay TrustedSite any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.
- Modification of the Service. TrustedSite reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. TrustedSite will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
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Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TrustedSite and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "TrustedSite Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense (including attorneys' fees and costs) arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
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Disclaimers; No Warranties by TrustedSite
- THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TRUSTEDSITE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TRUSTEDSITE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRUSTEDSITE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TRUSTEDSITE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRUSTEDSITE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TrustedSite does not disclaim any warranty or other right that TrustedSite is prohibited from disclaiming under applicable law.
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Dispute Resolution and Arbitration
- Generally. Except as described in Section 17(b) and 17(c), you and TrustedSite agree that every dispute arising in connection with these Terms, the Service, or communications from TrustedSite will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
- Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to TrustedSite, LLC, Attention: Legal Department – Arbitration Opt-Out, 929 Alton Rd Ste 500, Miami Beach, FL 33139, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once TrustedSite receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. Any arbitration between you and TrustedSite will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting TrustedSite. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). TrustedSite's address for Notice is: TrustedSite, LLC, 929 Alton Rd Ste 500, Miami Beach, FL 33139. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TrustedSite may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or TrustedSite must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator issues you an award that is greater than the last written settlement amount offered by TrustedSite in settlement of the dispute prior to the award, TrustedSite will pay you the greater of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, TrustedSite will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if you have initiated the arbitration claim in bad faith, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TrustedSite for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND TRUSTEDSITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TrustedSite agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If TrustedSite makes any future change to this arbitration provision, other than a change to TrustedSite's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to TrustedSite's address for Notice of Arbitration, in which case your account with TrustedSite will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 17(g) or the entirety of this Section 17 is found to be unenforceable, or if TrustedSite receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
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Miscellaneous
- General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and TrustedSite regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
- Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and TrustedSite submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- Privacy Policy. Please read the TrustedSite Privacy Policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The TrustedSite Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
- Contact Information. The Service is offered by TrustedSite, LLC, located at 929 Alton Rd Ste 500, Miami Beach, FL 33139. You may contact us by sending correspondence to that address or by emailing us at support@trustedsite.com.
- Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- Support. Subject to your payment of all applicable fees, TrustedSite will use commercially reasonable efforts to provide implementation support, whether online or by telephone, only during normal Pacific Standard Time working hours. If you request implementation support that requires TrustedSite to access your website or systems or to make changes to any code, you assume all responsibility for ensuring any changes made are appropriate and non-breaking. IF TRUSTEDSITE DECIDES, IN OUR SOLE DISCRETION, TO PROVIDE IMPLEMENTATION SUPPORT, TRUSTEDSITE MAKES NO REPRESENTATION OR WARRANTY THAT SUCH IMPLEMENTATION WILL BE COMPLETE OR ERROR-FREE. TRUSTEDSITE WILL NOT BE HELD LIABLE FOR THE RESULTS OF ANY UNINTENTIONAL ERRORS CAUSED BY SUCH IMPLEMENTATION SUPPORT. It is your sole responsibility to take appropriate precautions to protect your website and systems and all Websites and Devices for which you use the Service from damage to your software, files, and data from viruses or other harmful feature. TrustedSite may refuse to provide implementation support if a virus or other harmful features or software is found to be present on your website or systems. TrustedSite is not required to provide you with any assistance in removal of viruses.
- Confidentiality. Except as provided in TrustedSite's Privacy Policy, TrustedSite and you agree, for a period of one year following expiration or termination of the Service, to hold each other's Confidential Information in confidence and not to disclose it to any third party without the prior written consent of the disclosing party. The parties agree to use such Confidential Information of the disclosing party only for the purpose of performing the party's obligations under these Terms. Further, the receiving party shall use the same degree of care it uses with respect to its own Confidential Information to prevent the unauthorized disclosure to a third party, but in no event less than reasonable care. You understand and agree that TrustedSite may transfer your data, which is gathered by the Service purchased by you, to TrustedSite data centers outside of your nation for purposes of fulfilling TrustedSite's obligations under these Terms. "Confidential Information" shall mean non-public, proprietary information including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, business strategies, future projects or products, projects or products under consideration, procedures, and information related to finances, costs, prices, vendors, customers and employees which is disclosed by such party or on its behalf whether before, on or after the date hereof, directly or indirectly, in writing, orally, or by drawings or inspection of equipment or software, to the other party or any of its employees or agents. You agree that the password or secret question used by you to access your account to receive Service shall be treated as Confidential Information. You agree that the logos, trademarks or other identifying characteristics of you are not Confidential Information and that TrustedSite may identify you as a customer, provided that such reference does not include any Confidential Information. The obligations to protect Confidential Information under this Section shall not apply to information which: (a) is or becomes publicly known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidential or proprietary restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure without restriction; (e) is or was developed independently by the receiving party without use of or reference to any of the Confidential Information and without violation of any confidentiality restriction; or (f) is required to be disclosed by law.
- International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.