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Terms of Use

Website Terms of Use

Welcome to the website (“Site”) of TrustArc Inc (a Delaware corporation) (along with our subsidiaries, “TrustArc,” “we” or “us”), www.trustarc.com (the “Site”). TrustArc is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You should not use our Site if you are unable to abide by these terms. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Our Intellectual Property

The TrustArc name and any seals, logos, and related marks, including TRUSTe, are registered trademarks/design marks of TrustArc. The TRUSTe Website seal, the Click to Verify mark, the COPPA mark, and other such marks are trademark/certification mark(s)/service mark(s) of TrustArc. All rights reserved. Please see this page for more information on our marks.

 

Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by TrustArc or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

 

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by TrustArc.

 

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms of Use, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms of Use, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

 

Proper Use of Our Site

You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national, or international law.

 

You agree to defend, indemnify and hold TrustArc, its officers, directors, employees, agents, licensors, business associates, affiliates, subsidiaries, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms of Use statement or any applicable law.

 

Transactions

Certain areas of this Site enable you to apply to join one or more of the TRUSTe Assurance programs. The terms of those programs and the terms governing your application to and participation in those programs are set forth in the License Agreement[s] for such program[s]. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your application, nor does it constitute an acceptance into the program. TrustArc reserves the right after receipt of your order to accept or decline your application as provided in the License Agreement governing the particular program[s] for which you apply.

 

Trusted Directory

Any information contained in a TRUSTe Trusted Directory is designed to communicate the compliance with the applicable program requirements of a TRUSTe Program by a particular company or software application. The intent is solely to communicate that the company or software application listed has been found to be in compliance with the program requirements of the applicable TRUSTe Program; however, it may be that the company or software application listed has violated the program requirements and such violation has not yet been detected or reported. There is also a chance that a company’s or software application’s status is under review. Listing of any company or software application does not mean anything more than what we had explained here and you should not infer anything more about the company, products, or services of the company, or the software application from such listing.

 

We provide this listing of information for verification and research purposes only. Absent an agreement, obtaining information from our listings by automated means, such as “screen scraping”, for purposes of commercial automated verification or research is prohibited.

 

Disclaimer of Warranty, Limitation of Liability, and Release

TrustArc does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

 

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” TrustArc MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.

 

UNDER NO CIRCUMSTANCES WILL TRUSTARC OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED TRUSTARC IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

 

TRUSTARC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT TrustArc ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

 

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall TrustArc’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

 

In the event that you have a dispute with TrustArc, you release TrustArc (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”

 

Links to Other Sites

Our Site may provide links to websites not operated by TrustArc. Access to any other sites linked to this Site is at your own risk and we assume no responsibility for third-party websites. For example, we do not vouch for the accuracy or reliability of the information on third-party websites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third party-sites, and make no representations regarding the accuracy of materials on third-party websites. Statements made on third-party Websites linked to or from this site reflect only the views of their authors and not of TrustArc.

 

Unless otherwise set forth in a written agreement between you and TrustArc, you may link your Website to the home page of our Site. [provided that you adhere to the following linking policy: (i) any link to TrustArcs Site must be a text only link and clearly marked “TrustArc Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TrustArc’s name, trademarks, and certification marks, (iii) the link must “point” to the URL www.trustarc.com and not to other pages within our Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TrustArc, (v) when selected by a user, the link must display the TrustArc Site on full-screen and not within a “frame” on the linking Site, and (vi) TrustArc reserves the right to revoke its consent to the link at any time and in its sole discretion.]

 

Violations and Additional Terms

TrustArc reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

 

No Waiver

No delay or failure by TrustArc to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by TrustArc nor the reliance of any person on our actions shall be deemed to be a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of TrustArc shall have any legal effect.

 

Severability

If any clause or provision set forth in this Terms of Use statement is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

 

Governing Law and Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of California, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in San Francisco, California. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.

 

This English-language Terms of Use statement is TrustArc’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use statement and its translation into another language, this English-language document shall control.

 

For More Information

If you have any questions regarding our Terms of Use statement, please contact us by sending an email to legal@trustarc.com or writing to us at TrustArc Inc, 2121 North California Blvd., Suite 290, Walnut Creek, Caifornia 94596 USA.

 

Changes to this Agreement

TrustArc reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms at any time. We will provide notice of such change on this Site. Please review the Terms of Use and/or Additional Terms periodically for changes. Your continued use of the TrustArc Website constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Website.