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.
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.
If you have any questions about these Terms or our Services, please contact us at info@trustclarity.com.
1. The Services
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, and assumes no liability or responsibility for damages associated with the Products.
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, or (c) the performance or conduct of any Vendor, Purchaser, or third party.
2. Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register, you must provide accurate account information and promptly update this information if it changes. You 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.
3. Purchaser-Specific Terms
Ordering
Subject to meeting any requirements set by TrustClarity and/or the Vendor, you can order Products by following the process set forth on the Services. All applicable fees for Products will be presented to you prior to completing the purchase and exclude shipping and handling fees. Upon receipt of a confirmation from the Vendor, a legally binding agreement is formed between you and the Vendor, subject to any additional terms and conditions of the Vendor, except to the extent those terms conflict with these Terms, in which case these Terms will control.
Shipping and Handling
Where a Product listing indicates that free shipping is available, TrustClarity will endeavour to arrange for the Vendor to ship such product within the “Expected to Ship” window indicated in the Product listing. Where free shipping is not available, TrustClarity will provide shipping quotes at order checkout, leveraging AI technology to estimate product weight and dimensions. All shipping estimates are estimates only, and your actual shipping cost may vary.
Payment
Unless you have applied for and been approved for financing terms, when you pay for Products you will be required to provide valid, up-to-date payment information. You authorize us to charge your payment method for the applicable purchase price. All fees collected by TrustClarity are non-cancelable once confirmed and TrustClarity does not provide any returns of any fees paid.
If payment terms such as Net 30 or Net 60 are available for eligible Products, U.S. business Purchasers may apply for such Financing Terms. Financing Terms are not available to consumers or non-U.S. businesses.
Return Policy
Subject to the terms set forth herein, we offer a 30-day return policy for certain Products as indicated in the applicable Product listing. You must request the refund within 30 days from the date of purchase. The returned Product must be unused, undamaged, in good physical condition, and in its original packaging. The refund will be processed to the original payment method.
Product Warranty
Products are subject to the original manufacturer's warranty as indicated on the Product listing, if applicable. Such warranty is provided solely by the manufacturer and not TrustClarity, and TrustClarity is not responsible for such warranty or for the performance or quality of any Products.
4. Vendor-Specific Terms
Product Listing Requirements
When creating a Product listing you must (a) provide complete and accurate information about your Products, (b) disclose any deficiencies, restrictions, and requirements that apply, and (c) provide any other pertinent information required by TrustClarity. You are responsible for keeping information about your Products up-to-date at all times.
Responsibility for Products
You are solely responsible for your Products, including setting a price; maintaining sufficient inventory; providing adequate and timely shipping, returns, and customer service; selling and labelling all Products in accordance with applicable laws, rules, and regulations; and ensuring that your Products do not violate Section 6 of these Terms.
Fees
We charge various fees to Vendors for using the Services, which may include a TC Service Fee calculated as a percentage of each sale, account setup fees, monthly recurring fees, ACH fees, credit card fees, and other fees. All Fees are non-refundable and subject to change at any time. If you are not current on your payment of Fees, TrustClarity may restrict your access to our Services until your account is current.
Recurring Payments
YOU UNDERSTAND AND AGREE TO RECURRING PAYMENTS AND THAT WE MAY SUBMIT PERIODIC CHARGES TO YOUR PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE (EXCEPT AS REQUIRED BY LAW), UNTIL YOU PROVIDE PRIOR WRITTEN NOTICE THAT YOU HAVE TERMINATED THE SERVICES OR WISH TO CHANGE YOUR PAYMENT METHOD. To terminate the Services or change your payment method, email info@trustclarity.com.
Payment Processing
Payment processing services for Vendors are provided by Stripe and are subject to the Stripe Services Agreement, which includes the Stripe Terms of Service. By agreeing to these Terms or continuing to operate as a Vendor, you agree to be bound by the Stripe Services Agreement.
5. Content
You may create, post, store, and share content on the Services, including messages, text, photos, videos, audio, graphics, tags, links, software, and other materials (collectively, “Content”). You retain all rights in and to your Content.
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 in all media formats and channels now known or later developed without compensation to you.
You may not 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.
6. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort. Without limiting the foregoing, you will not:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Use or attempt to use another User's account without authorisation;
- Impersonate any person or entity or misrepresent your affiliation;
- Sell, resell or commercially use our Services;
- Modify our Services, remove proprietary notices, or create derivative works;
- Reverse engineer any aspect of our Services;
- Use any data mining, robots, or similar data gathering methods designed to scrape or extract data from our Services;
- Send spam, unsolicited or bulk commercial electronic communications; or
- Use our Services for any illegal or unauthorized purpose.
7. Ownership; Limited License
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 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 and will terminate the license granted herein.
8. Trademarks
The TrustClarity name and our logos, product or service names, 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.
9. Feedback
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 to develop, copy, publish, or improve the Feedback. TrustClarity may treat Feedback as nonconfidential.
10. Repeat Infringer Policy; Copyright Complaints
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 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:
Designated Agent: Daniel Kirk Pustejovsky
6177 N. Lincoln Ave. 357, Chicago, IL 60659, USA
Telephone: 1-855-806-7220
Email: info@trustclarity.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. 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.
11. Third-Party Content
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”). 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.
12. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless TrustClarity and our officers, directors, agents, partners, and employees (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; (e) your conduct in connection with the Services; or (f) as applied to Vendors, your Products.
13. Disclaimers
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.
TRUSTCLARITY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TRUSTCLARITY IS MERELY A MARKETPLACE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, AND DISCLAIMS ALL LIABILITY OF ANY KIND FOR, ANY OF THE PRODUCTS PURCHASED THROUGH THE SERVICES.
14. Limitation of Liability
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 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 IS LIMITED TO THE AMOUNT PAID BY YOU TO USE OUR SERVICES.
The limitations set forth in this Section 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.
15. Release
To the fullest extent permitted by applicable law, you release TrustClarity and the other TrustClarity Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, known and unknown, arising out of or related to (a) disputes between you and a Purchaser or Vendor, (b) the acts or omissions of Vendors and/or third parties, and/or (c) the provision of the Products.
If you are a California consumer, 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.”
16. Transfer and Processing Data
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.
17. Governing Law and Venue
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 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 sitting in Chicago, Illinois.
18. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time, including by suspending or terminating your account. 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.
19. Severability
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.
20. Additional Terms Applicable to Mobile Devices
iOS
If you install, access, or use the Services on any device containing iOS (the “iOS App”): (a) these Terms are concluded solely between you and TrustClarity, not with Apple; (b) TrustClarity, not Apple, is solely responsible for the iOS App and its content; (c) Apple has no obligation to furnish maintenance and support services with respect to the App; and (d) Apple is not responsible for product warranties with respect to the App. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Android
If you install, access, or use the Services on any Android device (the “Android App”): (a) these Terms are between you and us only, not with Google; (b) your use must comply with Google's then-current Android Market Terms of Service; (c) Google is only the provider of the Android Market where you obtained the Android App and has no obligation or liability to you with respect to our Android App or these Terms; and (d) Google is a third-party beneficiary to the Terms as they relate to our Android App.
21. Miscellaneous
These Terms constitute the entire agreement between you and TrustClarity relating to your access to and use of our Services. 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. 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 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.