PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms and
conditions (“Terms”), along with Trusted TV's Privacy Policy, govern your use of
www.trustedtv.com. For the purposes of these Terms, “Websites” refers to www.trustedtv.com. If
you do not agree to these Terms, you must not access or use our Websites. THESE TERMS DO NOT
APPLY TO YOUR ACCESS AND USE OF THE TRUSTED TV SERVICES THAT ARE PROVIDED UNDER OTHER WRITTEN
AGREEMENTS, OR TO ANY OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND TRUSTED TV (IF
APPLICABLE).
ELIGIBILITY
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least
eighteen (18) years of age; (ii) that you reside and are currently present in the United
States of America; (iii) that you have not previously been suspended or removed from the
Websites; and (iv) that your use of the Websites is in compliance with any and all applicable
laws and regulations.
LICENSE GRANT TO TRUSTED TV
By submitting, posting, or publishing your content, suggestions, enhancement requests,
recommendations, feedback, information, data, or comments (“Content”) to any Website, you are
granting Trusted TV a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and
license (with the right to sublicense) to use, incorporate, exploit, display, perform,
reproduce, distribute, and prepare derivative works of your Content. You will retain ownership
of your Content, however, any use of your Content by Trusted TV may be without any
compensation paid to you. By submitting, posting, and publishing your Content, you represent
and warrant that your Content, does not: (i) infringe, violate, or misappropriate any
third-party right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or proprietary right; or
(ii) slander, defame, or libel any third-party.
TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES
We may at our sole discretion suspend or terminate your access to the Websites at any time,
with or without notice for any reason or no reason at all. We also reserve the right to modify
or discontinue the Websites at any time (including, without limitation, by limiting or
discontinuing certain features of the Websites) without notice to you. We will have no
liability whatsoever on account of any change to the Websites or any suspension or termination
of your access to or use of the Websites.
THIRD-PARTY WEBSITES
The Websites may contain links to third-party websites. Such linked websites are not under our
control, and we are not responsible for their content.
OWNERSHIP; PROPRIETARY RIGHTS
The visual interfaces, graphics, design, compilation, information, data, computer code
(including source code or object code), products, software, services, and all other elements
of the Websites (the “Materials”) provided by Trusted TV are protected by all relevant
intellectual property and proprietary rights and applicable laws. All Materials contained in
the Websites are the property of Trusted TV or our third-party licensors. Except as expressly
authorized by Trusted TV you may not make use of the Materials. Trusted TV reserves all rights
to the Materials not granted expressly in these Terms.
PROHIBITED USES
As a condition of your use of the Websites, you will not use the Websites for any purpose that
is unlawful or prohibited by these Terms. You may not use the Websites in any manner that
could damage, disable, overburden, disrupt or impair any Trusted TV servers or APIs, or any
networks connected to any Trusted TV server or APIs, or that could interfere with any other
party's use and enjoyment of any Websites. You may not transmit any viruses, worms, defects,
Trojan horses, or any items of a destructive nature through your use of Websites. You may not
exceed or circumvent, or try to exceed or circumvent, limitations on the Websites, including
on any API calls, or otherwise use the Websites in a manner that violates any Trusted TV
documentation. You may not attempt to gain unauthorized access to any Websites, other
accounts, computer systems, or networks connected to any Trusted TV server or to any of the
Websites through hacking, password mining, or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made available
through the Websites. You may not use the Websites in any way that violates any applicable
federal, state, local, or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other countries).
INDEMNITY
You agree that you will be responsible for your use of the Websites, and you agree to defend,
indemnify, and hold harmless Trusted TV and its officers, directors, employees, consultants,
affiliates, subsidiaries and agents (collectively, the "Trusted TV Entities") from and against
any and all claims, liabilities, damages, losses, and expenses, including reasonable
attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use
of, or alleged use of the Websites; (ii) your violation of these Terms or any representation,
warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your
violation of any third-party right, including without limitation any intellectual property
right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues
between you and any third party. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you (and
without limiting your indemnification obligations with respect to such matter), and in such
case, you agree to cooperate with our defense of such claim.
BINDING ARBITRATION
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of
the Websites, including the determination of the scope or applicability of these Terms, shall
be resolved exclusively through binding arbitration administered by JAMS in accordance with
its Streamlined Arbitration Rules & Procedures. The arbitration shall be conducted exclusively
in Las Vegas, Nevada, and governed by the substantive laws of the State of Nevada, without
regard to its conflict of laws principles.
Each party agrees that any arbitration
will be conducted solely on an individual basis, and you waive any right to participate in a
class, consolidated, or representative arbitration or lawsuit.
Except as may be
required by law, or for the limited purpose of enforcing or challenging an arbitration award,
the parties agree to maintain strict confidentiality regarding any aspect of the arbitration
proceedings, including the existence of the arbitration, any documents or evidence exchanged,
submissions made to the arbitrator, and any rulings or awards generated.
CLASS ACTION WAIVER
You expressly waive any right to participate in any class action lawsuit or class-wide
arbitration against Trusted TV. All claims must be brought in your individual capacity.
DISCLAIMERS; NO WARRANTIES
THE WEBSITES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE
EXPRESS UNDERSTANDING THAT THE TRUSTED TV ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR
VET THE CONTENT OR DATA APPEARING ON THE WEBSITES. AS SUCH, YOUR USE OF THE WEBSITES IS AT
YOUR OWN DISCRETION AND RISK. THE TRUSTED TV ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE
QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND EXPRESSLY DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE TRUSTED TV ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR
ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES OR ANY MATERIALS OR
CONTENT ON THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TRUSTED TV ENTITIES HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary in these Terms,
in all cases, Trusted TV's total aggregate liability arising out of or relating to these Terms
or your use of the Websites shall be limited to USD $100.
GOVERNING LAW
These Terms will be governed by the laws of the State of Nevada without regard to conflict of
law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you
and Trusted TV agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located within Clark County, Nevada for the purpose of litigating all such
disputes.
CHANGES TO THESE TERMS
Trusted TV reserves the right to make modifications to these Terms at any time. Revised
versions of these Terms will be posted to this Website. Unless otherwise specified, any
modifications to the Terms will take effect the day they are posted to this Website. If you do
not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your
use of the Websites.
GENERAL
These Terms, together with the Privacy Policy and any other agreements expressly incorporated
by reference herein, constitute the entire and exclusive understanding and agreement between
you and Trusted TV regarding your use of and access to the Websites. Use of section headers in
these Terms is for convenience only and will not have any impact on the interpretation of
particular provisions. You may not assign or transfer these Terms or your rights hereunder, in
whole or in part, by operation of law or otherwise, without our prior written consent. We may
assign these Terms at any time without notice. The failure to require performance of any
provision will not affect our right to require performance at any time thereafter, nor will a
waiver of any breach or default of these Terms or any provision of these Terms constitute a
waiver of any subsequent breach or default or a waiver of the provision itself. In the event
that any part of these Terms is held to be invalid or unenforceable, the unenforceable part
will be given effect to the greatest extent possible and the remaining parts will remain in
full force and effect. Upon termination of these Terms, any provision that by its nature or
express terms should survive will survive such termination or expiration.
CONTACT INFORMATION
The Websites are operated by Pricestack Inc., located at 10845 Griffith Peak Drive, Suite 200,
Las Vegas, NV 89135. You may contact us by sending correspondence to the foregoing address or
by emailing us at support@trustedtv.com.