Last Updated: August 30, 2024
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”). Company operates a software platform and service that allows individual users (each a “User”) directly or through their employers (each, a "Client"), 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”).
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.
TERMS
1. Eligibility Training Services
In order to use the Service, You must be the age of majority in Your jurisdiction and fully able and competent to enter into the TOS, conditions, obligations, affirmations, representations and warranties set forth in the TOS and to abide by and comply with the TOS. You represent that You meet the eligibility requirements in this Section and that You are over the age of 13, as the Service is not intended for children under the age of thirteen (13).
2. Training Services
2.1 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.”
For the avoidance of doubt, purchasing a Training Course does not guarantee a User will receive a certificate. The User must complete the Training Course and pass the assessment before any certificate shall be bestowed upon a User.
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.
2.2 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.
For the avoidance of doubt, purchasing the above aforementioned Exam does not guarantee a User will receive a certification. The User must pass the Exam before the Certified Food Protection Manager certification shall be bestowed upon a User.
2.3 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.
3. 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.
4. Ownership
4.1 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.
4.2 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.
5. Access to the Training Courses
5.1 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.
5.2 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.
6. Permitted Uses of the Service
6.1 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.
6.2 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.
7. 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.
8. Fees
8.1 Fees
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.
Please note all sales are final and Trust20 does not offer cancellations or refunds.
8.2 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.
8.3 Taxes
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.
8.4 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 provide a payment method (“Payment Method”) upon checkout to be stored for automatic payment of any pending invoice amount every month. Client authorizes Company to automatically charge the Payment Method for the fees that become due hereunder. If Client’s Payment Method on file is closed or the account information is changed, or if, for any reason, a charge is rejected by the Payment Method, Client shall immediately update the Payment Method account or supply a new Payment Method, as appropriate. If Client is unable to update its Payment Method with appropriate information, then Company will send and/or email an invoice to Client detailing the amount due. Client must pay the amount due in full via credit card or another Payment Method which is acceptable to Company within sixty (60) days of the date of the invoice, or Client’s account will be considered past due and Company may suspend and/or terminate Client’s account and seek all available remedies at law and in equity.
9. Term & Termination
9.1 Term
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.
9.2 Termination
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. In addition, Client may cancel its subscription at any time by notifying help@trust20.co, and in the event of such cancellation, Client will pay any pending invoices within sixty (60) days of receipt.
10. Confidentiality
10.1 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 10.1, 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 10.1, and the User or Client will not assert that it has an adequate remedy at law for such violation or threatened violation.
10.2 Exclusions
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.
11. 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.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
12. Limitation of Liability
12.1. 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.
12.2 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.
13. 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.
14. Indemnification
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. Privacy
Company collects certain data, including personal information, from Users when you register to and use the Service. We will use your personal information as described in our privacy policy, which is available at https://www.trust20.co/legal/privacy-policy.
16. 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.
16.1 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.
16.2 Arbitrator
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.
16.3 Place
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.
16.4 Survival
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.
16.5 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:
1 N. Dearborn Street, Suite 1750, Chicago, IL 60602
17. 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.
18. 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.
19. 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.
20. Assignment
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.
21. General
21.1 Notices
Any notice required or given to Client under these Terms shall be delivered by electronic mail at the e-mail address provided by Client.
21.2. 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.
21.3 Severability
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.
21.4 Survival
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.
21.5 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.
22. Digital Millennium Copyright Act Compliance
If You are a copyright owner or an agent thereof and believe that any third-party content on the Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail).
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works from the Website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trust20 to locate the material;
(iv) Information reasonably sufficient to permit Trust20 to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trust20’s designated Copyright Agent to receive notifications of claimed infringement is:
Stephanie Wethington
Email: help@trust20.co
Address: 1 N. Dearborn Street, Suite 1750, Chicago, IL 60602
23. Contact Us
Please contact us if you have any questions or concerns regarding this Agreement, the Services, or any Training using the methods below:
Email: help@trust20.co
Address: 1 N. Dearborn Street, Suite 1750, Chicago, IL 60602
SMS Text Message Terms and Conditions
Last Updated: March 4, 2024
Trust20 (hereinafter, “Trust20,” “we,” “us,” or “our”) is offering a mobile messaging program (the “Program”) which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (collectively the, “Agreement”). By opting in to or participating in our Program, you accept and agree to these terms and conditions. This Agreement is limited to the Program and is not intended to modify other terms and conditions that may govern the relationship between you and Trust20 in other contexts.
Opt In
The Program allows users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, users agree to receive autodialed or prerecorded transactional and/or marketing mobile messages at the phone number associated with opt-in, and understand that consent is not required to make any purchase from Trust20. While recipients shall consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If users do not wish to continue participating in the Program or no longer agree to this Agreement, users agree to reply STOP to any mobile message in order to opt out of the Program. Users may receive an additional mobile message confirming the decision to opt out. By participating in the Program, you agree that every outgoing text message via the Trust20 Program must contain a link or reply that allows the recipient to unsubscribe from your distribution list. All voice broadcasts also must include verbal instructions for opting out of your calling list. All text programs must conform to the latest available best-practice guidelines published by the Cellular Telephone Industries Association (“CTIA”), which you agree to review before using the Program.
Content
Trust20 does not charge for any content sent via text message. However, downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider.
Duty to Notify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of this Agreement. You further agree that, if you discontinue the use of your mobile telephone number without notifying Trust20 of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Trust20, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Representations
In using the Program, you represent and warrant that you have full authority to enter into this Agreement and consummate the transactions contemplated, and that this Agreement is not in conflict with any other agreement to which you are a party or by which it may be bound. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL DAMAGES ARISING FROM BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT INCLUDING THOSE RELATED TO ANY APPLICABLE LAW, POLICY, REGULATION OR PRIVACY LAW. IN ADDITION, YOUR LIABILITY WILL EXTEND TO THOSE IT CONTRACTS WITH AS PART OF THE PROVISION OF YOUR SERVICE, INCLUDING BUT NOT LIMITED TO THIRD PARTY AFFILIATES OR ANY ENTITY OR PERSON WHOM YOU DIRECT, INSTRUCT OR MANAGE IN AN EFFORT TO SEND OR RESPOND TO MESSAGES. YOU AGREE THAT A BREACH OF THIS AGREEMENT BY ANY THIRD PARTY AFFILIATE SHALL CONSTITUTE A BREACH BY YOU.
Warranty Disclaimer
TRUST20 PROVIDES ITS PROGRAM AND ALL RELATED CONTENT ON AN "AS IS" BASIS. TRUST20 AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, TRUST20 DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE AGREEMENT, TRUST20 DOES NOT WARRANT THAT ITS PROGRAM, SERVICES, OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Indemnification
You hereby agree to defend, indemnify, and hold harmless Trust20 and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this Agreement, including any liability resulting from your failure to notify Trust20 of a change in the information you provided (ii) any privacy or spam policy violation alleged to have been committed through any use of your Trust20 account, (iii) any other use of Trust20’s Program in any manner not authorized by this Agreement, in violation of the restrictions herein, or in violation of applicable law, and (iv) your negligence or willful misconduct. You agree that Trust20 has the right to seek and recover all of its damages caused by you through any use of the Program in an unlawful manner, in a manner that violates Trust20’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this Agreement. The terms of this section shall survive the termination of this Agreement regardless of the cause or nature of such termination.
Limitation of Liability
IN NO EVENT SHALL TRUST20, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF TRUST20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE TRUST20’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRUST20 OR ITS EMPLOYEES.
TRUST20’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $50. THIS LIMITATION WILL APPLY EVEN IF TRUST20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Changes
Trust20 may, at any time, for any reason, make changes to the Program. Trust20 may also make such changes or modifications to the terms and conditions contained herein and your continued use of the Program following changes or modifications will constitute your acceptance of such changes or modifications. Trust20 will provide a notice of such changes by changing the “Last Updated” date listed above. Please note, however, if changes are significant, we’ll provide a more prominent notice or otherwise notify you through other available means (such as email notification).
Miscellaneous
No agreement or amendment that claims to modify, amend, supplement or waive the terms of this Agreement or any of its provisions, including those by custom, usage of trade, or course of dealing, will be binding on the parties unless made in writing and duly signed by the parties. A failure or delay of Trust20 to enforce at any time any of the provisions of this Agreement, or to exercise any option provided in this Agreement, or to require at any time performance of any of the provisions in this Agreement, will not be construed to be a waiver of such provision of this Agreement, nor will it excuse the other party’s performance of such, nor affect any rights at a later time to enforce the provision. If any provision of this Agreement is found invalid, illegal, or unenforceable by a tribunal or court of competent jurisdiction, the remaining provisions of this agreement will remain valid and enforceable according to its terms. The invalid, illegal, or unenforceable provision will be replaced by a mutually acceptable provision which, being valid, legal, and enforceable, comes closest to the intention of the parties. If any provision of this Agreement is held to be excessively broad as to duration, geographical scope, activity, or subject, it is to be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
Contact
Have a question? Our Customer Support team is here to help:
Email: Help@Trust20.co
Address: 1 N. Dearborn Street, Suite 1750, Chicago, IL 60602
