Effective Date: January 1, 2017
Welcome to the Trruster website. This Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and the Trruster Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Trruster Service. Use of the Trruster (the “Website) constitutes your acceptance of and agreement to this TOS.
Trruster reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, then you should not use the Website and the Trruster Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. The Trruster Service
1.1 Trruster is a search engine dedicated to the commercial activities of buying, selling, using, renting and sharing. It provides a central location for giving feedback as well as checking on feedback in order to make smarter decisions, faster.
1.2 An integral part of Trruster's service is the Trruster Income Sharing Program (TISP), which aims to redistribute 80% of all Trruster revenue to participating Premium Plan and Group Plan members.
1.3 TISP redistribution payments will commence when total Trruster revenue exceeds US$1 million per month and will be paid monthly into member bank accounts based on Trruster Credits accumulated in the previous month.
2. Use of the Web Site and Trruster Service
2.1 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Trruster Service and the Website.
3. General Rules
3.1 Prohibited Use. You may only use the Trruster Service as expressly permitted by Trruster. You may not cause harm to the Website or the Trruster Service. Specifically, but not by way of limitation, you may not:
- Interfere with the Trruster Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology;
- Collect electronic mail addresses or other information from third parties by using the Trruster Service;
- Impersonate another person or entity;
- Engage in activity, as determined by Trruster, with the aim of misleading other members. This includes, but not limited to, repeatedly canceling and restarting membership to avoid a poor reputation ranking.
- Engage in activity, as determined by Trruster, with the aim of maliciously harming the reputation of another person or entity;
- Engage in any activity including but not limited to harassing, stalking, bullying or providing false testimony that interferes with another member’s ability to use or enjoy the Trruster Service;
- Assist or encourage any third party in engaging in any activity prohibited by this TOS.
4. Reservation of Rights
4.1 Trruster reserves the right to modify the organization, structure or “look and feel” of the Trruster Service or the Website, and may change, suspend, or discontinue any aspect of the Trruster Service at any time without any liability to you or any third party.
4.2 Trruster shall have complete discretion over the features, functions, prices and other terms and conditions on which the Trruster Service is offered to Trruster users.
When you complete surveys, ratings, submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Trruster permission to use such Submissions in any way it deems appropriate to its core business of reputation management. You agree that Trruster will have no obligation to keep any Submissions confidential. You will not bring a claim against Trruster based on “moral rights” or the likes arising from Trruster's use of a Submission.
6. Representations and Warranties
6.1 Mutual Representations and Warranties. You represent and warrant to Trruster and Trruster represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. TRRUSTER PROVIDES THE WEBSITE AND TRRUSTER SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRRUSTER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, TRRUSTER SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TRRUSTER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability
TRRUSTER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR DAMAGE TO REPUTATION) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE TRRUSTER SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS. IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED US$100.
You agree to indemnify and hold Trruster and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. Under this Section, Trruster will have the right to control the defense, settlement and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Trruster's express written permission.
10.1 In its sole discretion Trruster may terminate, cancel or suspend access to this service in the following circumstances:
(i) For breaching any of the terms and conditions of membership as outlined in this TOS,
(ii) For having outstanding Subscription and other Payments for more than 30 days.
10.2 Effect of Termination. If you or Trruster terminates your use of the Website or the Trruster Service, Trruster will archive any Content or other materials relating to your use of the Trruster Service on Trruster's servers or otherwise in its possession and Trruster will have no liability to you or any third party for doing so.
11. Dispute Resolution
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.