Last Modified: September 24, 2017
- Your Acceptance
Throughout this Agreement, the words “Trunkline,” “us,” “we,” and “our,” refer to our company, Trunkline, as is appropriate in the context of the use of the words.
- User Information and Accounts
- Access and License Grant to You
After registering and properly paying for our Platform, where required, we grant you a personal, non-exclusive, revocable, limited license to access the Platform. As a user,
you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned revocable access as stated. All rights not explicitly granted are reserved for Trunkline. If you breach any of our usage guidelines, as stated below, we may revoke your license or your access to use our Platform at our discretion. Additionally, we may revoke your license or restrict your access to our Platform if we believe that your actions may harm us, our business interests, or any of our users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
- The Platform The Trunkline Platform constitutes a directory for users to meet other users who wish to provide products or services (“Vendor(s)”). Trunkline is solely responsible for providing access to the Platform (“Trunkline Services”). Please be aware that any Trunkline Services are “as-is” and “as-available.” Additionally any information or content found on our Platform, including any notifications or tools provided, are offered only for informational purposes only. Further, Trunkline does not endorse, recommend, and is not otherwise affiliated with any Vendors. Trunkline has no liability to you for any content including but not limited to all User Content (defined below), Trunkline Vendor Content (defined below), information, copy, images, URL names, and anything else provided by any third parties using the Platform (collectively “Non-Trunkline Content”). USER ACKNOWLEDGES THAT TRUNKLINE IS MERELY A PLATFORM AND DOES NOT PERFORM ANY PHYSICAL SERVICES AND DOES NOT SCREEN, INTRODUCE, RECOMMEND, OR ENDORSE ANY VENDORS OR USERS. TRUNKLINE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS OR SERVICES PROVIDED TO THE USER BY ANY VENDOR, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. BY USING THE TRUNKLINE PLATFORM, THE USER AGREES TO HOLD TRUNKLINE FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY PRODUCTS OR SERVICES PROVIDED BY A VENDOR. TRUNKLINE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING ANY VENDOR, AND WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY A VENDOR. User and Vendor are solely responsible for negotiating all terms of any products or services provided and Trunkline is not a party to any contracts created between any users or Vendors. Users are solely responsible for their interactions with any users, Vendors, or third parties found on the Platform, and you agree to exercise caution, due diligence, and common sense when interacting or meeting with any users encountered via the Platform.
- Vendors and Users
Trunkline allows Vendors the ability to communicate with users to provide any services or products (“Vendor Services”). Vendors may create a listing (“Listing”) that describes the Vendor Services offered, any products, the pricing, availability, refund policy, and other information. Users of the Trunkline Platform contract for all Vendor Services directly with Vendors. Trunkline is not a party to any contracts for any Vendor Services and cannot accept any obligations for any contracts negotiated by and between Vendor and User. Vendors are solely responsible for issuing any refunds for any Vendor Services. Trunkline does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of the Vendor or any Vendor Services provided. THE QUALITY OF THE VENDOR SERVICES SCHEDULED THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE VENDOR WHO ULTIMATELY PROVIDES SUCH VENDOR SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE TRUNKLINE PLATFORM, YOU MAY BE EXPOSED TO VENDOR SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE TRUNKLINE PLATFORM, AND SUCH VENDOR, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE TRUNKLINE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
- Order Acceptance
All orders are subject to availability. An order contract is not created until Vendor accepts and acknowledges your order and sends you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation Vendor may cancel your order without penalty. Please be aware that any statements made by Vendor are not representative of Trunkline and such statements cannot bind Trunkline.
- Returns and Refunds
Users wishing to cancel a confirmed transaction of any Vendor Services are subject to the refund policy as stated and displayed by the Vendor’s Listing shall be solely responsible for any returns or refunds for any Vendor Services purchased by you. Please be sure to fully read any refund or return policies as listed on a Listing. Where a refund is required, the Vendor shall initiate a transaction request through our Platform. Please be aware that some refunds and returns may take time to process.
You may be able to select from multiple shipping options as listed on the Listing page. Geographic availability of shipping is listed on the Listing and may vary by Vendor. Standard shipping times will apply. Where items are shipped you may be issued a tracking number by the Vendor that allows you to check the status of your package; however, not all shipments may have tracking numbers issued. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact the Vendor immediately.
- Product Issues, Availability, and Pricing
It is possible that some of the products listed on a Vendor’s Listing page may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed with the Listing. Where an error exists please contact the relevant Vendor immediately. Vendors are solely responsible for keeping any updated pricing listed for any Vendor product. Where a price for any Vendor product is mis-listed, Vendors shall have the right to modify the pricing before consummating a sale.
- Product Photos and Sizing
Please be aware that all photos of any products on the Platform are for illustrative purposes only. Although we ask that Vendors use their best efforts to ensure that their products are almost entirely similar to the photos offered on the Platform, it is possible that some photos shown on Platform may not be entirely representative of the actual Vendor product. The final product received may vary slightly in color, size, look, finish, or style.
- Use of the Platform
When using our Platform, you are responsible for your and for any use of Trunkline made using your account. You agree to the following:
• You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
• You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• You may not use automated bots or other software to send more messages through our Platform than humanly possible;
• You may not share your license or access with any other parties;
• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform to store or transmit any health, medical, or sensitive financial information;
• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You may not collect or harvest any personally identifiable information, including account names, from the Platform;
• You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
• You may not violate any requirements, procedures, policies or regulations of networks connected to Trunkline;
• You may not sell, lease, loan, distribute, transfer, or sub-license the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
• You may not interfere with or disrupt the Platform;
• You may not violate any law or regulation and you solely are responsible for such violations;
• You agree that you will not hold Trunkline responsible for your use of our Platform; and
• You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Trunkline reserves the right to suspend or terminate any account at any time without notice or explanation.
- Vendor Content
Through the Platform your Vendor may be able to transmit to you information, including but not limited to data, written content, images, videos, or any other information (collectively “Vendor Content”). You understand that all Vendor Content may be inaccurate, unsubstantiated or possibly even incorrect. Trunkline is not responsible for any Vendor Content. Further, Trunkline is not responsible for any other errors in any Vendor Content displayed or any delays in displaying any Vendor Content. All Vendor Content is transmitted by your Vendor to Trunkline and therefore your Vendor is solely responsible for its content. The Vendor Content provided by any Vendors represents the opinions and judgments of the Vendor. Trunkline neither endorses nor is responsible for the accuracy or reliability of any Vendor Content including any opinions, advice, or statements made on or through using the Trunkline Platform. You agree that under no circumstances will Trunkline be liable for any loss or damage caused by any Vendor Content or your reliance on such content. If you have any questions regarding Vendor Content please contact your Vendor.
- User Content
Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we
determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Trunkline, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to Trunkline a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.
- User Content Guidelines We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following: • You agree that User Content submitted is truthful and accurate; • You agree not to submit any User Content that contains any confidential information;
• You agree not to submit any User Content that contains nudity, or sexual, or explicit content; • You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
• You agree not to submit any User Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
• You agree not to submit any User Content that is considered spam or politically controversial; and
• You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing. If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
- Monitoring User Content
Trunkline shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Trunkline shall have the right, but not the obligation, to remove any User Content that Trunkline, at its sole discretion, identifies as being harmful. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
- User Content Storage Limits and Usage Information
- Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
- Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Portions of the Platform may require payment for access and you agree to pay for all costs, fees, and taxes listed. User authorizes Trunkline or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Trunkline may suspend or terminate your access to the paid portions of the Platform, without liability to us.
Where Trunkline does not charge you taxes for your Paid Subscription, you agree to pay any and all applicable taxes for your use and purchase of any Paid Subscriptions. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
- Free Trials You may be able to participate in a free trial subscription by submitting your information along with any requirements as set forth by the Platform. The duration of the free trial
is listed on the Platform and may change at our discretion. Feel free to try the paid subscription (“Paid Subscription”) portions of the Platform during the free trial period at no charge. You may cancel at any time during your free trial period by contacting us at firstname.lastname@example.org. Once your free trial period has expired you will be charged the amount listed for the Paid Subscription plan selected.
- Subscription Plans and Automatic Renewals For your convenience when you sign up for a free trial via the Platform, your payment information shall be logged, after the expiration of your free trial your account will be automatically billed the Paid Subscription amount so that you may continue using the paid portions of the Platform requested. IF YOUR ACCOUNT IS IN A FREE TRIAL PERIOD, TRUNKLINE MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE FREE TRIAL, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR FREE TRIAL BY EMAIL AT CONTACT@TRUNKLINE.COM. YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AFTER YOUR FREE TRIAL AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION, YOUR PAID SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL SUBSCRIPTION PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A RENEWABLE BASIS FOR THE PAID SUBSCRIPTION PLAN SELECTED BY YOU.
- Pricing and Price Increases
The pricing for all Paid Subscriptions is listed on the Trunkline Platform. Please be aware that all pricing for Paid Subscriptions are billable monthly and renew automatically. Trunkline may increase the price of any Paid Subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Trunkline shall notify you and you will have the chance to accept or reject any price increase before the Paid Subscription renewal. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, upon the expiration of your Paid Subscription, portions of the Platform may become immediately unavailable. You agree that Trunkline has no obligation to offer any services for the price originally offered to you at sign up.
- Paid Subscription Cancellations and Refunds
Users may cancel their Paid Subscription at any time by emailing email@example.com or through their account dashboard. As we offer an online service, we currently will not be offering refunds for any Paid Subscriptions. If you feel
for some reason that you are entitled to a refund, please contact us. Upon cancellation of a Paid Subscription, portions of the Platform may become immediately inaccessible. Additionally, some User Content stored within the Paid Subscription portion of the Platform may be removed or deleted. Where your Paid Subscription has been cancelled or expired, we have no liability to you for any deleted, modified, or removed User Content. Additionally, there will be no obligation for us to assist you in the migration of any User Content or associated data.
- Intellectual Property
The name “Trunkline”, www.trunkline.com, the Trunkline Platform along with the design of the Trunkline Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Trunkline, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Trunkline reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
- Idea Submission Trunkline or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Trunkline. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Trunkline’s products might seem similar to ideas you submitted to Trunkline. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Trunkline, without any compensation to you; (2) Trunkline may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Trunkline to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Disclaimer THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TRUNKLINE, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM; (2) ANY INFORMATION
PROVIDED VIA THE PLATFORM; (3) ANY USER CONTENT, (4) ANY USER, VENDOR, OR OTHER THIRD PARTY ENCOUNTERED ON THE PLATFORM, OR (5) SECURITY ASSOCIATED WITH THE TRANSMISSION OF USER CONTENT OR INFORMATION TO TRUNKLINE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TRUNKLINE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TRUNKLINE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. TRUNKLINE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TRUNKLINE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
- Limitation of Liability
IN NO EVENT SHALL TRUNKLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUNKLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY TRUNKLINE’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM.
You agree to defend, indemnify and hold harmless Trunkline, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
• your use of and access to the Trunkline Platform;
• your violation of any term of this Agreement;
• your interactions with any other uses or third parties; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Trunkline Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Trunkline, firstname.lastname@example.org.
In the event that you receive a notification from Trunkline stating content posted by you has been subject to a DMCA take-down, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your internet Vendor is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
- Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
Any dispute relating in any way to your visit to the Platform or our Platform shall be submitted to confidential arbitration in Plano, TX. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Trunkline may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Colin County, TX.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Trunkline are deemed to conflict with each other’s operation, Trunkline shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or
provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
You may cancel your Paid Subscription at any time via your Trunkline dashboard or contacting us at email@example.com. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any of our Platform policies; or (3) if we believe that any of your actions may legally harm Trunkline or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
- Entire Agreement
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
- Electronic Communications
The communications between you and Trunkline use electronic means, whether you visit the Platform or send Trunkline e-mails, or whether Trunkline posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Trunkline in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Trunkline provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Trunkline.
- Platform Issues and Support
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at firstname.lastname@example.org.
- California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Trunkline must be sent to our agent for notice to: email@example.com. Lastly, California users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.