Last Updated: [1/19/21]
TrustClarity Inc. ("TrustClarity" or “we”) operates a website- and web application-based marketplace (the "Services"), which allows vendors ("Vendors") to build white-labeled pages ("Pages") from which such Vendors can sell their products ("Products") to third-party purchasers ("Purchasers"). These Terms of Service ("Terms") apply to your access to and use of the Services. You may be using the Services in the capacity of a Vendor or Purchaser, and the terms applicable to Vendors or Purchasers will apply to you in your capacity as a Vendor or Purchaser. Unless otherwise set forth herein, "you" refers to both Vendors and Purchasers.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com.
The Services are a neutral marketplace that enables communication and transactions between Purchasers seeking to purchase, and Vendors seeking to offer, Products. As a provider of a neutral marketplace, TrustClarity does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products. Vendors alone are responsible for their Products. When a Purchaser purchases Products, that Purchaser is entering into a contract directly with the Vendor, not TrustClarity, and TrustClarity is not and does not become a party to, or other participant in, any contractual relationship between Purchasers and Vendors. TrustClarity is not acting as an agent in any capacity for any Purchaser or Vendor. Without limiting the foregoing, TrustClarity assumes no liability or responsibility for damages associated with the Products or resulting from any other transactions between Purchasers and Vendors.
We have no control over and do not guarantee (a) the existence, quality, safety, suitability, or legality of any Products, (b) the truth or accuracy of any Product descriptions, ratings, reviews, or Content (as defined below), or (c) the performance or conduct of any Vendor, Purchaser, or third party. TrustClarity does not endorse any Vendor, Purchaser, or Product. Any description of any Purchaser, Vendor, or Product is not an endorsement, certification or guarantee by TrustClarity about any such Purchaser, Vendor, or Product. Any Content posted by a Vendor or about a Product is not an endorsement by TrustClarity of any Vendor or Product.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If we terminate or suspend your account in accordance with Section 18 of these Terms, you may not create additional accounts.
You may, or may authorize us to, create, post, store and share content on the Services, including, without limitation, messages, text, photos, videos, audio, graphics, tags, links, software and other materials, as well as names, logos, trademarks, trade names, service marks, logos, and other distinctive brand features in connection with the Products you sell via the Services (collectively, "Content"). Except for the license you grant below, you retain all rights in and to the Content, as between you and TrustClarity.
You grant TrustClarity a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display the Content and any name, username or likeness provided in connection with the Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share, or authorize us to post or otherwise share, Content on or through our Services, you understand that the Content and any associated information (such as your username or profile photo) may be visible to others. If your name, voice, image, persona, likeness, or performance is included in any Content, you hereby waive and release TrustClarity and its Users and Vendors from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Content in accordance with the license in these Terms.
You may not create, post, store or share, or authorize us to create, post, store, or share, any Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Content, and our use of such Content as permitted by these Terms, does not and will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
You may also post or otherwise share only Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any Content, or offer to sell or sell any Products, that:
Enforcement of this Section 6 is solely at TrustClarity’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by TrustClarity or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services solely to offer to sell and sell Products from your Page. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The TrustClarity name and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of TrustClarity and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about TrustClarity or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in TrustClarity’s sole discretion. You understand that TrustClarity may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users or Vendors who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify TrustClarity’s designated agent as follows:
Designated Agent: Daniel Kirk Pustejovsky
Address: 6177 N. Lincoln Ave. 357 Chicago, IL 60659, USA
Telephone Number: (773) 900-8077
E-Mail Address: Support@trustclarity.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to TrustClarity for certain costs and damages.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. TrustClarity does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. For clarity, neither Products nor Content constitute Third-Party Content.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless TrustClarity and our officers, directors, agents, partners and employees (individually and collectively, the "TrustClarity Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) the Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with the Services; or (f) as applied to Vendors, your Products. You agree to cooperate with the TrustClarity Parties in defending such Claims.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TrustClarity does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While TrustClarity attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, TrustClarity and the other TrustClarity Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if TrustClarity or the other TrustClarity Parties have been advised of the possibility of such damages.
The total liability of TrustClarity and the other TrustClarity Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of TrustClarity or the other TrustClarity Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release TrustClarity and the other TrustClarity Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) disputes between you and a Purchaser or Vendor, as applicable, (b) the acts or omissions of Vendors and/or third parties, and/or (c) the provision of the Products.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Illinois, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that cannot be heard in small claims court will be resolved in the state or federal courts of the State of Illinois and the United States, respectively, sitting in Chicago, Illinois.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you (including, without limitation, by suspending or terminating your account) at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").
These Terms constitute the entire agreement between you and TrustClarity relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 9, 12, 13, 14, 15, 17, 19, 20 and 21 survive any expiration or termination of these terms. The failure of TrustClarity to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.