Last Updated: May 23, 2023
Please read these Terms of Service carefully, as this is a legally binding contract.
Welcome to Trust20. Trust20 is owned and operated by Relish Works, LLC. d/b/a Trust20. (“Trust20” or “Company”). Trust20 operates a software service that allows users to access, purchase, and view certain food safety training courses and to receive certain training course materials. By checking the box, you agree that you have read and will comply with these Terms of Service (“Terms” or the “Agreement”). If you do not agree to comply with these Terms, you may not access or use the service.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND YOUR ORGANIZATION.
MANDATORY ARBITRATION, CLASS ACTION AND JURY TRIAL WAIVERS
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT APPLY TO CLAIMS BROUGHT AGAINST TRUST20. THIS AGREEMENT ALSO CONTAINS A WAIVER OF A RIGHT TO TRIAL BY JURY IN THE EVENT OF AN ARBITRATION. THESE TERMS AFFECT YOUR LEGAL RIGHTS SO READ THEM CAREFULLY.
1. Training Services
1.1 Description of Service
Company operates a software platform and service that allows individual users (each a “User”) directly or through their employers, to access and use certain food safety training courses (each a “Training Course”) accredited by the American National Standards Institute (“ANSI”) National Accreditation Board (“ANAB”) . Each Training Course consists of an e-learning course and an assessment. Upon completing a Training Course and passing the assessment, a User will receive a certificate of completion that will function as proof that the User has successfully retained the information provided in the Training Course. The platform, Training Courses, and all Materials (as defined below) offered in connection with the Training Courses are collectively referred to as the “Service.”
Company may change the Service from time to time, by adding or removing features, Training Courses or Materials. Company may also discontinue the Service. If Company discontinues the Service, we will refund Users or Client (as applicable) any amounts you have paid for Training Courses you have not completed.
1.2 Food Protection Manager Certification Exam
Users may participate in a Certified Food Protection Manager Exam (“Exam”) which is accredited by ANSI. The Exam consists of eighty (80) questions. Upon passing the Exam, the User will receive a certification that functions as proof of receipt of Certified Food Protection Manager credentials.
1.3 Trust20 for Teams
A Client may engage Company for a group purchase of accredited trainings. A Client may receive a discount on the purchase of five (5) or more of the same trainings. Client may purchase a set number of links to access trainings or choose to be invoiced on a monthly basis. If Client has chosen to be invoiced, Client agrees to pay the full balance of each invoice within thirty (30) days of receipt. A discount will only be applied to an invoice if five or more of the same course are accessed in the same calendar month.
2. Updates to These Terms
Company reserves the right to update these Terms from time to time in its sole discretion. Company will notify Users by e-mail or prominently display that Company has changed these Terms at the top of these Terms. Company recommends that Users review these Terms from time to time. By continuing to use the Service after Company updates these Terms, User agrees to be bound by such updates.
3.1 Ownership of Service and Materials
Company owns or has the license rights necessary to allow Users to access and use the Service. Company and/or its licensors retain all rights, title, and interest in the Services, including, without limitation, all Training Courses and portions thereof. In addition, Company owns or has the license rights necessary to allow Users to access and use any written materials, tutorials, workbooks, audio, video and other materials (collectively, the “Materials”) using the Service. Except for the rights expressly granted to a User or Client in these Terms, all such rights in the Service that are provided or made available, all work product that is developed, all modifications, compilations, and derivative works thereof, and all intellectual property and proprietary rights pertaining thereto, are and shall remain the sole and exclusive property of Company or its respective licensors as applicable.
3.2 Company Trademarks
Company retains all right, title and interest in and to all trademarks, service marks, logos and trade names owned or licensed by Company. Company does not grant User or any Client with any right, title or interest in or to Company’s trademarks, service marks, logos or trade names. All uses of Company’s trademarks, service marks, logos or trade names shall inure solely to the benefit of Company or its licensors.
4. Access to the Training Courses
4.1 Your Access to the Training Courses
In order to make a payment or to access a Training Course, a User must create an account with a confidential password. Users may not share their password with anyone else. Users agree to notify Company immediately if a User believes that their account has been compromised or there has been unauthorized access to a User account.
4.2 Training Course Availability
The Training Courses are hosted online, and as such may be unavailable or limited for various reasons. Company shall not be liable to Users or any Client for any unavailability, including, without limitation, for hardware, software, server, network, or telecommunications failures.
5. Permitted Uses of the Service
5.1 License to Use the Service
Subject to compliance with these Terms and payment of all fees, Company grants to User a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service for personal use only. In using the Service, Users acknowledge and authorize the Company to disclose their certification and/or certificate status and related information to employers for verification purposes. Except with regard to Clients, Users may not share the Service with any third parties. Company reserves the right to restrict, suspend, or terminate a Client’s or User’s access to the Service at Company’s sole discretion. Company reserves any rights in the Service not explicitly granted in this Agreement.
5.2 Restrictions on Use of the Service
In accessing and using the Service, Users and Clients may not:
- Copy, download, screenshot, store, publish, transmit, distribute, reproduce, sell, or otherwise use the Service, in whole or in part, in any form or by any means except as expressly permitted by these Terms;
- License, decompile, reverse engineer, transfer, sell, or create derivative works from the Service for any purposes without Company’s prior written consent;
- Interfere with Company’s operations, interfere with the operation of the Service or introduce malware or any virus into the Service;
- Use the Service for any commercial purpose or to develop a competitive offering;
- Use the Service in a manner which violates applicable federal, state or local laws, rules or regulations; or
- Interfere with the use and enjoyment of the Service by other Users or Clients.
6. Appeals Process regarding Training Course Results
If a User has a concern about an adverse outcome of a Training Course or certification, they must follow the appeals policy, which can be found HERE. All decisions on an appeal are final and binding and are not subject to the Arbitration Agreement or dispute resolution provisions of these Terms. You may withdraw an appeal at any time before a final decision has been issued, however if you withdraw an appeal, you are precluded from appealing again on the same issue.
In consideration for use of the Service, Client or User, as applicable, agrees to pay the fees posted on the Training Course ordering page for each Training Course. The fees shall be in U.S. dollars and are nonrefundable.
7.2 Price Changes
Company reserves the right to change the pricing for our Service at any time in our sole discretion, with prior written notice to User or Client. Any price changes will take effect thirty (30) days following notice to you.
All fees due and payable under this Agreement are exclusive of taxes, which will be added to the fees. User agrees to pay all taxes applicable to use of the Training Courses.
7.4 Payment Terms
For Users, payment is due before beginning a Training Course. For Trust20 Teams orders, Client may purchase a set number of links to access Training Courses or choose to be invoiced on a monthly basis. If Client has chosen to be invoiced, Client agrees to pay the full balance of each invoice within thirty (30) days of receipt. Client shall pay the fees via credit card or by another payment method which is acceptable to Company. Client authorizes Company to charge such credit card for the fees.
8. Term & Termination
These Terms are effective upon completion of the registration and will apply until the Training Courses are completed, unless terminated earlier in accordance with Section 8.2. Users have twelve (12) months from the date of purchase of a Training Course to begin the Training Course. Access to the Training Course expires sixty (60) days after the User begins the Training Course. A User will no longer have access to a Training Course once Client passes the exam for a Training Course.
If a User or a Client materially breaches these Terms, Company may terminate these Terms immediately upon written notice to User or Client as applicable. Termination will be without prejudice to any other rights and remedies that Company may have under these Terms or at law or in equity.
9.1 Confidentiality and Nondisclosure
In using the Service, Users will have access to certain Confidential Information held by Company. For purposes of these Terms, “Confidential Information” means data or information regarding Company’s business which is not generally available to the public, including but not limited to Company’s software and Training Courses, including their layout and organization, pricing, and data sets.
User shall not: (i) disclose any Confidential Information to any third party without Company’s prior written consent; (ii) disclose any Confidential Information to any member of Client’s organization who does not have a need to know such information in order to complete or support the Training Courses; (iii) use the Confidential Information except for the purpose of completing the Training Courses; or (iv) use the Confidential Information to create a competitive service offering. Company will retain title to and ownership of all of its Confidential Information at all times. Except as expressly stated herein, nothing in these Terms grants a User or a Client a license or other interest in the Confidential Information, including, without limitation, patent rights, copyrights, rights in trademarks, trade secrets or other proprietary rights.
User or Client, as applicable, acknowledges and agrees that the use or disclosure of Confidential Information in violation of these Terms may cause Company irreparable harm. In the event of a violation or threatened violation by a User of this Section 9.1, in addition to any other remedies available to Company at law, in equity, or otherwise, Company will be entitled to seek an injunction or other equitable relief restraining Client from violating the provisions of this Section 9.1, and the User or Client will not assert that it has an adequate remedy at law for such violation or threatened violation.
Confidential Information excludes information that (a) is or becomes publicly available other than through a disclosure by a User or Client in violation of these Terms; (b) is in User’s or Client’s possession prior to the time of disclosure; (c) is acquired by Client or a User from a third party, who provides the information without breaching any express or implied obligations or duties to Company, (d) is independently developed by Client or User without reference to Company’s Confidential Information, or (e) is disclosed in response to a valid order, or request of a court or other governmental body; provided, however, that unless prohibited by law or regulation, Client or User will first give Company notice of any such order, inquiry or request so that Company may seek an appropriate protective order.
10. AS-IS; Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT THE SERVICE WILL WORK WITHOUT INTERRUPTIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Limitation of Liability
11.1. Limitations on Consequential Damages
IN NO EVENT WILL COMPANY BE LIABLE TO USER, CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on Damages
COMPANY’S TOTAL AND CUMULATIVE LIABILITY FOR CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH PROVIDING THE SERVICE OR THE INABILITY TO ACCESS OR USE THE SERVICE, OR THE SUBJECT MATTER OF THESE TERMS SHALL IN NO EVENT EXCEED THE FEES PAID BY CLIENT OR USER AS APPLICABLE TO COMPANY FOR THE TRAINING WHOSE REGISTRATION INITIATED THIS AGREEMENT.
12. Limitation on Time to File Claims
EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS BARRED.
User or Client, as applicable, agrees to defend, indemnify, and hold harmless Company, its affiliates, and their officers, directors, agents, employees, professional advisors and licensors from and against any and all third-party claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to use of the Service in violation of this Agreement or any applicable law.
15. Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS AND LIMIT
THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. PLEASE NOTE THAT THIS PROVISION DOES NOT APPLY TO THE APPEALS PROCESS FOR TRAINING COURSES WHICH IS EXCLUSIVELY SET FORTH IN SECTION 6 ABOVE.
15.1 Non-Arbitration Resolution
In case of a dispute between the parties relating to or arising out of these Terms, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration on an individual basis using the procedure described below (the “Arbitration Agreement”).
Notwithstanding anything to the contrary however, Company and Client or User each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
The arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator selected pursuant to AAA rules. The decision of the arbitrator
will be final and binding and will not have a precedential effect. The arbitrator shall have no authority to award punitive damages or any damages outside of those set forth in these Terms. Each party shall pay their own costs and fees unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse Company for certain fees and expenses in accordance with
AAA rules. No arbitration proceeding may be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they, would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
The arbitration shall be conducted in Chicago, IL unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Except if you opt out of this Arbitration Agreement in accordance with Section 15.5, this Arbitration Agreement will survive the termination of these Terms.
15.5 Changes to this Agreement to Arbitrate
If you wish to opt out of the Arbitration Agreement, within 45 days of the Effective Date, you must send a letter stating “Request to Opt Out of Arbitration Agreement” to:
222 W Merchandise Mart Plaza Ste. 575, Chicago, IL 60654
16. Relationship of the Parties
Company is an independent contractor and will determine the method, details and means of providing the Service. No party shall have the authority to bind, represent or commit the other to any agreement. Nothing in these Terms shall be deemed or construed to create a joint venture or agency relationship between the parties for any purpose. Nothing contained herein shall give or is intended to give any rights of any kind to any third persons.
17. Force Majeure
Notwithstanding any other provision of these Terms and except with respect to Client’s or User’s payment obligations hereunder, neither party is liable for any failure to perform, or delay in performing, any particular obligations under this Agreement where the failure or delay arises from any cause or causes beyond its reasonable control, including without limitation fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders or rebellions (“Force Majeure Event”). In the event of a Force Majeure Event, the parties agree to discuss how to resolve the issue.
18. Governing Law
These Terms shall be governed by Illinois law without reference to its conflict of law provisions. Client or User, as applicable, irrevocably agrees that the state and federal courts sitting in Chicago, IL will have exclusive jurisdiction over any claim arising out of these Terms or the use of the Service.
Neither Client nor a User may assign, by operation of law or otherwise, its rights or obligations under these Terms without the prior written consent of Company, which can be granted or withheld in Company’s sole discretion. These Terms will be binding upon the parties and their respective legal successors and permitted assigns.
Any notice required or given to Client under these Terms shall be delivered by electronic mail at the e-mail address provided by Client.
20.2. No waiver
No waiver of any of these Terms will be valid unless in writing and designated as such. Any forbearance or delay on the part of either party in enforcing any of its rights under these Terms will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence.
If any one or more of the provisions of these Terms are for any reason held to be invalid, illegal or unenforceable, the remaining provisions of these Terms will be unimpaired and will remain in full force and effect.
Any provision of these Terms which, by its nature, would survive termination or expiration of these Terms will survive any such termination or expiration of these Terms.
20.5 Entire Agreement
These Terms constitute the complete agreement and understanding between the parties with respect to their subject matter, and supersede all prior agreements and understandings between the parties.
21. Contact Us
Please contact us if you have any questions or concerns regarding this Agreement, the Services, or any Training using the methods below:
Address: 222 W Merchandise Mart Plaza Ste. 575, Chicago, IL 60654