TERMS OF SERVICE
Hello and welcome to TrustLogix, Inc.’s (the “Company", “we”, “us” and “our”) online website (including all content and functionality available through the https://www.trustlogix.io/ domain name (the "Site")). We are delighted to provide you with access to the Site, related data, our proprietary software and platform (the “Platform”), and content and related documentation and information through the Site and Platform in connection with our cloud data access governance services (collectively the “Services”).
Before using and accessing the Site, the Platform, and/or the Services, the terms and conditions of this Terms and Conditions (the “Agreement”) apply and we encourage you to carefully read this Agreement.
We may modify this Agreement at any time, and such modification will be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications, and you agree that your continued access or use of the Site, Platform and/or Services shall be deemed your conclusive acceptance of the modified Agreement.
Last Modified: October 24, 2022
- Service Terms and Limitations.
1.1 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement, and upon your registration for an Account, you are hereby granted a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site. All Content (as defined in Section 1.2) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of the Company and/or our suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site and/or the Content. Your use of the Services (including the use of the materials that you download in connection with the use of the Platform, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by the terms of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, the Platform, and Services, and to block or prevent future access to and use of the Site, the Platform, and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
1.2 Proprietary Rights. The entire contents displayed on the Site and through the Platform (the “Content”) have copyright protection as a collective work under the laws of the United States and other copyright laws. We are the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or the Platform. You agree not to use any of our logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in the Company and/or its content providers. Third-party trademarks, service marks, and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.3 User’s Restrictions. You are not permitted, directly or indirectly, to (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Material; (b) copy the Material or the Content or engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of the Company and/or the copyright owner; (c) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or the Material, in whole or in part; or (d) remove any proprietary notices or labels on the Material or the Content.
1.4 User Agreement. In order to use the Services, you will need to register for an Account. You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”) as applicable; (ii) maintain and promptly update your Account to keep it true, accurate, current and complete; (iii) review any fees as set forth in an applicable License Agreement (the “Fees”) to be charged for your use of the Services; and (iv) authorize the Company and its affiliates to charge your Credit Card or your Account, as applicable, for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information 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 Services (or any portion thereof).1.5 User Representations.
(a) You represent and warrant to the Company that you will (i) maintain the security of your user identification, password and other confidential information relating to your Account; (ii) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (iii) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying the Company in writing of such use and taking steps to prevent its further occurrence by changing your password; (iv) comply with the terms set forth herein; and (v) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.
(b) You warrant, represent and agree that you will not use the Site and the Platform, in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on the Company’s goodwill, name or reputation or causes duress, distress or discomfort to the Company or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or Platform, or from advertising, liking or becoming a supplier to use in connection with the Site or Platform; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of the Company; (viii) circumvent, disable or otherwise interfere with security-related features of the Site, the Platform or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Site or the Platform to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages.
(c) You further represent and warrant that (i) you are over the age of 18 and have the power, authority or consent to enter into and perform your obligations under the Agreement and, as applicable, the License Agreement; (ii) all information provided by you to the Company, is truthful, accurate and complete; (iii) you shall comply with all terms and conditions of this Agreement and, as applicable, the License Agreement; (iv) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name and email address; and (v) if you register for an Account on behalf of an entity, you are authorized by such entity to create such Account and incur fees on behalf of such entity.
1.6 Use of the Services. As applicable, if you enter into a License Agreement with the Company, Services are purchased as subscriptions and all such information related to your subscription, such as the amount of Fees and the start and end date of any subscription, is set forth in the License Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) the applicable License Agreement, and (b) this Agreement.
1.7 Fees. Payment of Fees, as applicable, for the use of the Services are as set forth in the License Agreement and we may bill any Fees to you through your Account, or request that you pay Fees to the Company via Credit Card, bank transfer or wire or check. You agree to pay us all Fees at the prices you agreed to as set forth in an applicable License Agreement for any use of the Service by you or other persons (including your agents) using your Account. If we charge your Credit Card for Fees and you initiate a chargeback or otherwise reverse a payment made with your Credit Card, we may in our discretion terminate your Account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your Account reinstated.
- FEEDBACK. If permitted by the Company, you may at times provide us with comments and feedback through the Site or Platform. Any such comments or ratings you provide through the Site and/or Platform will collectively be referred to as “Feedback”. By providing Feedback to the Company, you automatically grant to the Company a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to us. You further acknowledge and agree that your name and/or likeness may be associated with your Feedback and posted on the Site, and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name and/or likeness in association with your Feedback. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that the Company may remove any Feedback we post on the Site at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct the Company to make such copies thereof as the Company deems necessary in order to facilitate the posting and storage of such content on the Site.
- OPERATION. We reserve complete and sole discretion with respect to the operation of the Site. We may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by our policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site. We may, in our complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. We will not review the contents of email or private messages except as required or allowed by applicable law or legal process or as we deem necessary, in our sole discretion, to ensure compliances with the terms of this Agreement and/or to protect the safety of our Users, including, but not limited to, reviewing private messages in response to a complaint made against, or a report submitted to us against, a User. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (x) equipment malfunctions; (y) periodic maintenance procedures or repairs which we may undertake from time to time; or (z) causes beyond our control or which are not reasonably foreseeable by us.
- CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer. THE SITE, THE PLATFORM AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THROUGH THE PLATFORM WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. Although we have attempted to provide accurate information on the Site and through the Platform , we assume no responsibility for the accuracy or completeness of the information.
4.2 Informational Purposes Only. Any opinions or Feedback expressed on the Site are the personal opinions of the original author and not of the Company, even though the original author may be employed by the Company. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by the Company or any other party. The Company does not assume any responsibility or liability for any Feedback, opinion or other commentary posted on the Site, or any third party website linked to the Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Site, you may be exposed to third party content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND ITS AFFILIATES (COLLECTIVELY, THE “AFFILIATES”) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, AND, AS APPLICABLE, THE LICENSE AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN OR, AS APPLICABLE, IN THE LICENSE AGREEMENT, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE PLATFORM USING YOUR ACCOUNT.
- WAIVER AND RELEASE. YOU AGREE THAT NEITHER THE COMPANY NOR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY OR LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, AS A RESULT OF OR IN CONNECTION WITH (A) YOUR USE OF THE SITE, THE PLATFORM, THE SERVICE, OR THE CONTENT, OR (B) the conduct, whether online or offline, of any USER. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER FEEDBACK OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY AND ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THE COMPANY any OR ITS AFFILIATES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE PLATFORM, THE SERVICE, OR THE CONTENT.
- LIABILITY LIMITATION. NOTWITHSTANDING THE FOREGOING PARAGRAPH THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT, AND AS APPLICABLE, THE LICENSE AGREEMENT, OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE PLATFORM, THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Site AND THE PLATFORM ARE controlled and offered by the Company from its facilities in the United States of America. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Company makes no representations that the Site or the Platform is appropriate or available for use in other locations. Those who access or use the Site or the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Copyright or Intellectual Property Infringement Notification. We respect the intellectual property rights of others. You can notify us of possible copyright infringement, and we will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit the Company to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at (650) 943-2493, firstname.lastname@example.org or to TrustLogix, Inc., 800 W. El Camino Real, Suite 180, Mountain View, CA 94040 .
- Term and Termination. Either you or the Company may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or the License Agreement, as applicable. The Company also reserves the right to terminate or suspend your Account and access to the Site and Services without prior notice. The provisions of Sections 1.2 (Proprietary Rights), 1.4 (User Agreement), 1.5 (User Representations), 2 (Feedback), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), 11 (Export Controls), 12 (Miscellaneous), and 13 (Notice) shall survive any termination of this Agreement.
- EXPORT CONTROLS. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
- Notice. The Company may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or the Platform, or by written communication delivered by first class U.S. mail to your address on record in your Account. You may give notice to the Company at any time via electronic mail to the Site at the following address:
ATTN: Member Services