2.
REGISTRATION. To use the Service, You must submit a complete GoTrusted
GoTrusted registration form, which is available at http://www.GoTrusted.com
(the "Registration Form"), on Your behalf OR agree to quoted terms
delivered to You by electronic means (email, fax) by a GoTrusted sales representative.
As part of the registration process for the Service, You agree to: (1) provide
certain limited information about You as prompted to do so by the Service
(such information to be current, complete and accurate) and (2) maintain
and update this information as required to keep it current, complete and
accurate. The information requested on original signup shall be referred
to as registration data ("Registration Data"). If GoTrusted discovers
that any of Your Registration Data is inaccurate, incomplete or not
current, GoTrusted may terminate Your right to access and receive the
Service immediately
upon notice. GoTrusted will evaluate the registration application in
good faith and will notify You in a timely manner regarding acceptance
or rejection.
GoTrusted may reject a registration application if it determines, in
its sole discretion, that the user is not an appropriate subscriber
or user of
the Service. GoTrusted reserves the right to refuse the Service to
any user who has canceled any number of previous Service accounts.
GoTrusted need
not provide a reason for its rejection. If GoTrusted rejects Your application,
then You may reapply and GoTrusted will reconsider the application.
You may not register for this Service if You are under 18 years of
age. By registering
for this Service You represent to GoTrusted, that You are 18 years
of age or older. Upon acceptance of this agreement and completion of
the registration
process You will have opened an account with GoTrusted and will become
a subscriber to the GoTrusted Service.
3. SERVICES
(a) Description of Service. GoTrusted provides the registered
user with secure access to the Internet via an encrypted tunnel terminating
at GoTrusted's
secure gateway location(s), regardless of the connecting service provider's
network infrastructure (wireless or wired), from any Computer. GoTrusted
makes the GoTrusted Service available under a number of different subscription
plans. Please confirm that the plan for which You are registering meets
Your needs by reviewing our website "product information pages” or
by emailing sales@gotrusted.com
(b) Fees and Payments. The fee for your subscription is either
posted on GoTrusted’s website, for individual accounts, or quoted
and delivered via electronic means (email, fax) to You. Your subscription
will continue
and renew automatically unless terminated by GoTrusted or until You
notify GoTrusted of Your decision to change Your subscription renewal.
For cancellation
requests, please see our Support page or email your GoTrusted sales
representative. If there are any annual, monthly or similar periodic
fees for Your subscription,
these fees will be billed automatically to the credit card designated
during the registration process for GoTrusted.com, a credit card
subsequently designated
to GoTrusted at the start of the subscription period and at the start
of each renewal period, or invoiced to You, unless You terminate
Your subscription before the relevant period begins. You agree to pay or
have paid all
fees
and charges incurred in connection with Your subscription for GoTrusted.com
services (including any applicable taxes) at the rates in effect when
the charges were incurred. All fees and charges are nonrefundable.
GoTrusted may change the fees and charges then in effect, or add new fees
or
charges,
by giving You notice in advance. All fees and charges incurred in connection
with Your user account will be billed to the credit card designated
during the registration process for GoTrusted.com, subsequently designated
to GoTrusted,
or invoiced to You. You also are responsible for any fees or charges
incurred to access GoTrusted.com through an Internet access provider
or other third
party service. This Agreement is applies to You, and You may not assign
Your rights or obligations to anyone.
(c) Credit Cards. Excluding invoiced corporate accounts, as a condition
to your right to use the Service, You must provide us with a corporate account
ID code (to access you company's subscription account) or a valid credit
card number belonging to you or your company with available credit sufficient
to pay the applicable Service Fees. In the event that you cancel your credit
card or it is otherwise terminated, you must immediately provide us with
a new valid credit card number. You authorize GoTrusted, from time to time,
to undertake steps to determine whether the credit card number you have provided
to us is a valid credit card number. In the event that you do not provide
us with a current valid credit card number with sufficient credit upon request
during the effective period of this Agreement, you will be in violation of
this Agreement, and we may terminate this Agreement with You. In the event
that you provide us with a debit card number instead of a credit card number,
you authorize us to make all charges described in this Agreement to your
debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers. GoTrusted reserves
the right to discontinue or modify coupons, credits and special promotional
offers at our discretion. The Free Trial offer associated with GoTrusted
individual account entitles new, registered subscribers to a one-time/per-person,
free trial usage of the service. Attempts to abuse the free trial offer by
signing up with multiple accounts for the same person may result in forfeiture
of the free trial and an immediate charge to the credit card provided during
registration. Free Trial terms vary by promotional offer. At the end of the
trial period, You will be automatically subscribed and we will bill your
credit card for the fees to the Service plan You selected at registration
or to a default Service plan for trial subscribers selected by GoTrusted.
If You wish to terminate the trial and do not wish to subscribe to a plan,
You must cancel before the end of your trial period. For cancellation instructions,
please see our Support page.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Service. Your right to use the Service
is personal to You. You may be either an individual or a corporation or business
entity, but You agree not to resell the use of the Service, any downloadable
plug-in or other materials or any information obtained by You without the
express written consent of GoTrusted.
(b) Conduct. You are solely responsible for the content of Your transmissions
through the Service. GoTrusted does, however, reserve the right to take any
action with respect to the Service that GoTrusted deems necessary or appropriate
in GoTrusted's sole discretion if GoTrusted believes You or Your transmissions
or use of the Service may create liability for GoTrusted. Your use of the
Service is subject to all applicable local, state, national and international
laws and regulations (including without limitation those governing account
collection, export control, consumer protection, unfair competition, anti-discrimination
or false advertising). You agree: (1) to comply with all United States laws,
rules and other regulations applicable in connection with the Service; (2)
not to use the Service for illegal purposes; (3) not to interfere or disrupt
networks connected to the Service; (4) not to use the Service to infringe
any third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; and (5) not to transmit through
the Service, through Feedback or otherwise, any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You will not attempt to gain unauthorized
access to other computer systems and You will not interfere with another
user's use and enjoyment of the Service.
(c) Proprietary Rights. In accordance with Your authorized use of the Service,
GoTrusted grants You a limited license to use the plug-in solely in connection
with the Service offered by GoTrusted. You acknowledge that the plug-in downloaded
in connection with the Service is proprietary to GoTrusted and may be protected
by copyrights, trademarks, product marks, patents or other proprietary rights
and laws; therefore, You are only permitted to use this plug-in as expressly
authorized by the Service and these Terms. Further, GoTrusted, GoTrusted
and the GoTrusted logo, and other names, logos, icons and marks identifying
GoTrusted's products and services are trademarks of GoTrusted and may not
be used without the prior written permission of GoTrusted. All other product
names mentioned are used for identification purposes only and may be trademarks
of their respective holders. You may not copy, reproduce, distribute or create
derivative works of this plug-in without expressly being authorized to do
so by GoTrusted. Further, You may not reverse engineer, decompile, alter,
modify, disassemble or otherwise attempt to derive source code from the plug-in.
All rights not expressly granted in these Terms are reserved to GoTrusted.
5. PRIVACY. GoTrusted will not sell or rent Your personally identifiable
information to anyone unless You expressly consent to disclosures of Your
personal identification and other personal information to third parties.
We may send personally identifiable information about You to third parties
when: a) We have Your consent to share the information or b) We find that
Your actions on our Web site violate this Terms of Service or c) We respond
to subpoenas, court orders or legal processes which require us to disclose
Registration Data or any information about You to law enforcement or other
government officials as GoTrusted, in its sole discretion, believes necessary
or appropriate. More information on GoTrusted's current privacy policy for
GoTrusted can be found at http://www.GoTrusted.com.
6. MODIFICATIONS. GoTrusted may amend these Terms at any time by (i) posting
a revised Terms of Service document on http://www.GoTrusted.com and/or (ii)
sending information regarding the Terms amendment to the email address You
provide to GoTrusted. You are responsible for regularly reviewing the http://www.GoTrusted.com
site to obtain timely notice of such amendments. You manifest intent to accept
these amended terms if You continue to use Your membership account after
such amended terms have been posted or information regarding such amendment
has been sent to You. Otherwise, these Terms may not be amended except in
writing signed by both parties. Further, GoTrusted reserves the right to
modify or discontinue the Service with or without notice to You. GoTrusted
shall not be liable to You or any third party should GoTrusted exercise its
right to modify or discontinue the Service.
7. PASSWORDS AND SECURITY. As part of the registration process, You will
create Your user name and You will choose Your passwords for access to this
account . You agree to carefully safeguard all of Your passwords. You are
solely responsible if You do not maintain the confidentiality of passwords
and account information. Furthermore, You are solely responsible for any
and all activities that occur under Your account. You agree to immediately
notify GoTrusted of any unauthorized use of Your account or any other breach
of security known to You, including if You believe that Your password or
account information has been stolen or otherwise compromised.
8. TERMINATION. GoTrusted may immediately terminate Your
membership and right to use the Service if (a) You breach these Terms;
(b) GoTrusted is
unable to verify or authenticate any information You provide to GoTrusted;
(c) such information is inaccurate; or (d) GoTrusted decides, in its
sole discretion, to discontinue offering the Service. GoTrusted shall
not be liable
to You or any third party for termination of the Service. You may terminate
Your Account and end Your use of the Service at any time, for any reason
or for no reason. For cancellation instructions, see GoTrusted.com’s
support page or email your GoTrusted sales representative. Upon termination
of Your account, You shall remain liable for all fees incurred or accrued
by You and any fees you may have paid in advance are nonrefundable.
Upon expiration or termination for any reason, You are no longer authorized
to
use the Service or Software. When this Agreement is terminated and/or
Your Account is canceled, You will no longer have access to data and
other material
You have stored on the Site and that material may be deleted by GoTrusted.
9. Maintenance and Updates. You understand that GoTrusted may update the
Service at any time, but is under no obligation to inform You of or furnish
to You any such updates. This Agreement does not grant You any right, license
or interest in or to any support, maintenance, improvements, modifications,
enhancements or updates to the Service or supporting documentation. To the
extent that GoTrusted supplies any updates to You, such updates will be deemed
to be subject to the terms of this Agreement unless GoTrusted indicates otherwise.
GoTrusted reserves the right to charge fees for any future versions of, or
updates to, this Service.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS.
GoTrusted EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GoTrusted MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES GoTrusted MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE
OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE
OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND
AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING
PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK
AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO INFORMATION
OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GoTrusted
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL GOTRUSTED OR BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, EVEN IF GoTrusted HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. GOTRUSTED'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED
TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
12. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and
hold GoTrusted harmless from and against any loss, cost, damages, liability
or expense arising out of or relating to (a) a third-party claim, action
or allegation of infringement based on information, data, files or other
content submitted by You; (b) any fraud or manipulation, or other breach
of these Terms by You; or (c) any third-party claim, action or allegation
brought against GoTrusted arising out of or relating to a dispute between
its users over the terms and conditions of a contract or related to the purchase
and sale of any services.
13. GENERAL TERMS. These Terms are governed in all respects by the laws
of the State of Florida as such laws are applied. Both parties submit to
personal jurisdiction in Florida and further agree that any cause of action
relating to these Terms shall be brought in a court in Miami-Dade County,
Florida. If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
GoTrusted's failure to act with respect to a breach by You does not waive
GoTrusted's right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or any rights hereunder, and
any attempt to the contrary is void. This Agreement shall inure to the benefit
of and be binding upon each party's successors and assigns. GoTrusted shall
not be liable for any delay or failure to perform resulting directly or indirectly
from any causes beyond GoTrusted's reasonable control. Unless otherwise provided
in this Agreement, any notice required or permitted to be given under this
Agreement shall be delivered (i) by hand; (ii) by registered or certified
mail, postage prepaid and return receipt requested to the address provided
by the other party, or to such other address as a party may designate by
written notice in accordance with this Section 12; (iii) by overnight courier
or (iv) by electronic mail with confirming letter mailed under the conditions
described in (ii). Notice so given shall be deemed effective when received,
or if not received by reason of fault of addressee, when delivered. These
Terms constitute the complete and exclusive understanding and agreement of
the parties relating to the subject matter hereof and supersedes all prior
understandings, proposals, agreements, negotiations and discussions between
the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically
reviewing the Terms of Service.