TERMS OF USE
Last updated November 23, 2018
These Terms of Use constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity (“you”) and Trovala, Inc., doing business
as Trovala ("Trovala",
“we”, “us”, or “our”), concerning your access to and use
of the trovala.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the
Site, you have read, understood, and agreed to be bound by all of these Terms
of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific notice of
each such change. It is your responsibility to periodically review these Terms
of Use to stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Site.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the
Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the Site, you represent and warrant
that: (1) you have the legal capacity and you agree to comply with these
Terms of Use; (2)
you are not a minor in the jurisdiction in which you reside; (3) you will not
access the Site through automated or non-human means, whether through a bot,
script, or otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not
be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere
with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking
to the Site.
5. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords.
6. Make improper use of our support services or
submit false reports of abuse or misconduct.
7. Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person
or use the username of another user.
10. Use any information obtained from the Site in
order to harass, abuse, or harm another person.
11. Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
12. Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
13. Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the
Site.
14. Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to
you.
15. Delete the copyright or other proprietary
rights notice from any Content.
16. Copy or adapt the Site’s software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code.
17. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
18. Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1_1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
19. Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
20. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
21. Use the Site in a manner inconsistent with any
applicable laws or regulations.
The Site may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning
child pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
Use
License
If
you access the Site via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly in accordance
with the terms and conditions of this mobile application license contained in
these Terms of Use. You shall not: (1) decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation,
or derivative work from the application; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the application; (5)
use the application for any revenue generating endeavor, commercial enterprise,
or other purpose for which it is not designed or intended; (6) make the
application available over a network or other environment permitting access or
use by multiple devices or users at the same time; (7) use the application for
creating a product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the application; (8) use the application to
send automated queries to any website or to send any unsolicited commercial
e-mail; or (9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture, licensing,
or distribution of any applications, accessories, or devices for use with the
application.
The
following terms apply when you use a mobile application obtained from either
the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and conditions of
this mobile application license contained in these Terms of Use or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application; (4) you represent and warrant that (i)
you are not located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list of prohibited
or restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms of Use,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party
beneficiary thereof.
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
We
reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site.
FEES
There
are no fees charged by Trovala to use the app.
Transfers from patrons/customers of service providers are free for the patron/customer.
Fees charged to the receiver of funds (service provider) are 15% of the total
transaction. Fees may be reduced based on the volume of transactions received
by the service provider and must be negotiated by the service provider with
Trovala.
We care about data privacy and
security. By using the Site, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in the United States. If you access the Site from
the European Union, Asia, or any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use of
the Site, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the United
States. Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own
or control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These
Terms of Use and your use of the Site are governed by and construed in accordance
with the laws of the State of Florida applicable to agreements
made and to be entirely performed within the State of Florida,
without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Terms of Use (each a
"Dispute" and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
If the Parties are unable to resolve a Dispute
through informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. If such costs are determined to by the arbitrator to be excessive,
we will pay all arbitration fees and expenses. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place
in Miami-Dade County, Florida. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court
rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in Miami-Dade County, Florida,
and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods
and the the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by
either Party related in any way to the Site be commenced more than one
(1) years after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the Site; (3)
breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We
will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
These
Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Trovala,
Inc.
18425 NW 2ND AVENUE
PH3
Miami, FL 33169
United States