Terms and Conditions
End User License Agreement
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By i) accessing, ii) using this site, iii) purchasing any products, materials and/or services from hvactrustbooks.com and/or BizVisioneers, LLC (hereinafter collectively referred to as “TrustBook”) and (if applicable) TrustBook’s affiliates, licensors, employees and agents or iv) utilizing any of the products and/or services created and/or from TrustBook through this site, you agree to be bound by these Terms and Conditions which you acknowledge that you have read and understood.
We reserve the right, at our sole discretion, to change, modify or otherwise alter them at any time. You must review these Terms and Conditions periodically and at a regular basis to keep yourself informed of any changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, do not use this site and/or the contents and materials and publications produced by TrustBook.
I. GENERAL TERMS & CONDITIONS
II. Earnings and Income Disclaimer
III. Performance Waiver and Release
IV. Special Notes with regard to Product and Service Purchases
V. Product and Service Purchase Agreement / Refund Policy
I. GENERAL TERMS & CONDITIONS
a) Scope of Terms and Conditions. These Terms and Conditions apply to your use of the website at http://www.hvactrustbooks.com and http://www.hvactrustbook.comas well as any of its sub-domains and related and non-related domains such as http://www.willezell.com and http://bizvisioneers.com (collectively the “Site”), as well as to all products and services purchased or utilized from the Site including but not limited to any custom-authored books and products developed by TrustBook for you and/or your business. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site may link to if any.
b) Restrictions on Use. The contents of this Site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may view the posted materials and content, but you do not have permission to download and/or copy the materials and content in any manner, platform or form whatsoever. In addition, if you do download and/or copy the copyrighted contents and material, you do not obtain any ownership rights in that content and/or material whatsoever.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from TrustBook and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Violate any applicable local, state, federal or international law, rule or regulation.
c) Links. These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send e – mail to email@example.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS PRESENTED AND DEPICTED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY BENEFITS OF THE CIVIL STATUTES AND CODES OF FLORIDA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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 AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We do not endorse, warrant or guarantee any products or services offered on any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
d) Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) No Personal Advice. The information contained in or made available through this Site (including but not limited to information in products and/or from services) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with all laws, including but not limited to laws related to copyright infringement and copyright theft, harassment, assault or other similar laws. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum Age Requirement. This Site is not directed to persons under the age of 18. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under age 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over the age of 18 years and all purchasers of any TrustBook products and services to be over the age of 18 years. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18 years, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age. If you are purchasing any of the products or services of TrustBook, you represent that you are at least 18 years of age.
g) Membership Fees. In the event we choose to provide membership services, we reserve the right to charge fees, surcharges and/or membership fees for all or any of its services that may be or are currently provided for free at any time upon thirty (30) days’ prior written notice to you.
h) Copyright. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, and software, is the property of TrustBook or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TrustBook and protected by U.S. and international copyright laws.
i) Trademarks. The TrustBook name and other TrustBook logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TrustBook or its affiliates in the U.S. and/or other countries. TrustBook’s trademarks and trade dress may not be used in connection with any product or service that is not TrustBook’s, in any manner that is likely to cause confusion among you or our clients, or in any manner that disparages or discredits TrustBook. All other trademarks not owned by TrustBook or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TrustBook or its affiliates.
j) Contacting Us. The address and phone number for TrustBook is:
808 West Waters Avenue
Tampa, FL 33604
You can reach our Client Support by calling us at the number listed above, or by emailing us at firstname.lastname@example.org.
For cancellation of a cancellable subscription (all subscription services and products offered by TrustBook are non-cancellable AND NON-REFUNDABLE for the first year – KNOW THIS PRIOR TO PURCHASE), call the number listed above or submit a cancellation request at email@example.com. This is not a guarantee that your request will be granted. Govern yourself accordingly.
For refund requests of products or services offering refunds, call the number listed above or submit a refund request at firstname.lastname@example.org. Currently, there are no products and/or services offered and/or available by TrustBook that have refunds. KNOW THIS PRIOR TO PURCHASE. All purchases are final. This is not a guarantee that your request for a refund will be granted, and you should expect for your refund request to be declined. Govern yourself accordingly.
Privacy matters can addressed to us by emailing us at email@example.com.
II. Earnings and Income Disclaimer
TrustBook cannot and does not make any guarantees about your ability to get results or earn any money with its promotions, services, products, websites, ideas, information, tools, or strategies. You should know that all products and services by TrustBook are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any business, legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. We are not responsible to you in any manner whatsoever. Use caution and always consult your accountant, lawyer, physician or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration and/or purchase here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
III. Performance Waiver and Release
In consideration for value received including, without limitation, the opportunity afforded to you to submit pictures and images for your customized book and to observe and/or participate in an interview, mastermind, meeting, consultation, “hot seat”, presentation, speech, lecture, forum, live event, etc., the receipt of which is hereby acknowledged, you hereby give and grant to TrustBook, its successors and assigns, and to such other persons or entities as TrustBook may hereafter designate with its authority and permission, the absolute right and permission (1) to videotape, photograph, or otherwise reproduce your likeness and image and record or otherwise reproduce your voice and all musical, instrumental, or other sound effects produced by you (hereinafter collectively referred to as the “Performance”); (2) to exhibit, sell, assign, transmit, and reproduce, and license others to do so, the Performance by means of the internet and electronic and/or digital media, videotape, video discs, motion pictures, still camera photographs, radio, television, televised motion pictures, printing and/or print media or any other means now known or unknown (hereinafter collectively referred to as the “Product”; (3) to use the Performance in connection with advertising of any products and/or services; and (4) to cut, edit, add to, subtract from, arrange, rearrange, shorten and revise the Performance depicted in the Product in any manner TrustBook may, in its sole discretion, deem appropriate.
You hereby assign and grant to TrustBook, its successors and assigns, and to such other persons or entities as TrustBook may hereafter designate with its authority and permission, exclusively and perpetually, all now or hereafter existing rights of every kind or character whatsoever, whether or not such rights are now known, recognized or contemplated, and the complete, unconditional and unencumbered title throughout the world in and to the Performance(s) and all proceeds derived therefrom from whatever source.
You hereby release any and all venues and locations, their successors, assigns, officers, directors, employees, and agents from any and all claims or causes of action of any type or description, in law or in equity, arising directly or indirectly from your participation in the Performance(s).
IV. Special Notes with regard to Products and Services Purchased
a) The purchase.
$ 99 One-time Reservation fee – paid at sign-up.
$ 499 One-time Customization Fee (there are more than 57 customization items in the book)
$1,997 100 Fully-customized TrustBooks @ $19.97 each
b) The payment process
$ 99 Reservation fee – paid at sign-up.
$1,248 This equals 50% of the Customization fee and 50% of the TrustBooks production and printing fee – paid prior to the Customization Conference.
$1,248 This equals the balance of the Customization fee and the TrustBooks fee – paid prior to print production.
Any additional TrustBook orders will not include the Reservation and/or the Customization fees. Those are one-time fees per area.
c) Term of the $99 Area Reservation.
The $99 Area Reservation is valid for 30 days. There’s a very good reason why the “Reservation” is only 30 days – it’s because we want you to be motivated to get your book completed ASAP. (Once we complete your book, your Exclusive Area is valid for one year from your date of purchase.)
Please understand – we do not offer refunds.
In other words, you have 30 days to:
- Return your completed questionnaire to us; and
- Complete our Customization Conference phone call; and
- Send us everything we need to complete your customization – your logo, pictures, and anything else we’ve discussed to finalize your customization.
If you have not completed the foregoing within 30 days of paying your $99 Reservation Fee, we may offer (via e-mail) a one-time-only 90-day extension for $299.
If you don’t respond to our 90-day extension offer, you forfeit your $99, and we may offer your area to other contractors in your area.
Remember – the Area Reservations are first-come, first-serve, and that’s because of the way we offer our books. We typically choose a city, and send an offer to HVAC contractors located in that city. Because of that, and in many instances, we have other contractors attempting to reserve the same area. If you are the first to pay the $99 Reservation Fee, YOU’RE LOCKED IN, but only for 30 days.
It’s in your best interest to complete all the steps necessary to maintain your exclusive area.
d) The Exclusive Area.We want you to have a big advantage against any other HVAC contractors in your area. It’s real simple. We have software that identifies every zip code in your area. So during our Customization Conference, we’ll do a desktop share with you and create a map that allows you to have right around 100,000 households in your area.
You choose your primary zip code, and then we’ll create your exclusive area based on that zip code. We have only one rule – the zip codes must be contiguous, meaning they must be adjoining or touching. In other words, you can’t cherry-pick various zip codes around your city that aren’t touching or immediately adjacent to each other.
Your Exclusive Area expires one year from the date you paid the $99 Reservation Fee. If you want to extend your area for an additional year, you may do so simply by ordering an additional 100 TrustBooks at the then-current price.
We’ll do our best to send you an e-mail to remind you to order 100 more books, if you haven’t already done so, HOWEVER – this is not a guarantee that we will. It is YOUR RESPONSIBILITY to calendar the anniversary date of your purchase.
Transparency here: It’s not our intent to raise the price on the books. But it’s possible that our printing and production costs could increase, and we need the flexibility to increase our prices based on increased expenses to us. We think that’s being fair to you and fair to us.
e) Why we won’t give anyone the entire city of a major metropolitan area. There’s 2 reasons why. First, we believe in giving entrepreneurs a way to stand up against (what we call) the “behemoths” – the huge guys. And the TrustBooks are a great way to do that. The “behemoths” have the assets to buy a lot of media – TV, radio, print, etc., and it’s very hard to compete against that. The TrustBooks give us smaller business owners a way to dominate in an ethical manner. And remember – none of the behemoths are marketing “Trust.” You will be with your new TrustBooks.
The second reason is that for almost any small to mid-size HVAC contractor, it’s difficult to serve an area larger than 100,000 households. It’s a fair and reasonable geographic area, and if you’d like to have a larger area – let’s talk. We don’t charge for the area, but we’ll ask you to purchase a higher number of TrustBooks.
f) What about adding additional specialty pages into the book – duct cleaning, geothermal, mini-splits, etc.? We will custom-write them for you. We’ll give you an additional 2 pages on any of those subject areas for a one-time fee of $299 per subject.
g) Revisions to the book. You are experts in HVAC maintenance, service, and replacement. We are experts in creating Trust Books. We would not stand over your shoulder and question every service and repair decision. Likewise, we ask that you do not stand over our shoulder and question every font, color, headline, etc. in the Trust Books.
The TrustBooks are designed to build trust with your prospective buyers. They are created with a LOT of marketing, neuro-language and behavioral science weaved into them. Please give us the opportunity to serve you best and help you sell more by using your Trust Books to increase your sales and closing ratio.
We’ve had clients revise and revise and revise and revise… “Well, I reviewed it, but Tom hasn’t…” “Oops – we forgot – we want to add this…” “Oh – I found 3 more pictures I want you to put in the book…” “Here’s 30 changes I want you to make…”
We think you get the point… We really are patient, and we understand forgetting something. But there comes a point that we may ask for an additional $499 Customization Fee (don’t worry – we give advance warnings).
The way to avoid that is to have everyone involved on your team review the book, and then compile your requested changes. That way there’s no back and forth and back and forth and back and forth… This is all about us being fair with you and you being fair with us.
We try and be reasonable with revisions, but there’s a few things we won’t do: We won’t add so much more copy (words) that it forces a new page and/or requires the removal of pictures and/or graphics. That completely messes up the pagination of the book. We won’t change fonts or colors for headlines, questions, body copy, title pages, etc.
One more thing… Please don’t ask us to begin your customization prior to getting us your information, logos, pictures, etc. We wouldn’t ask you to come out to our home or office and do a partial installation today, and then wait until next week to do another partial installation. That’s just not how we’d treat you.
Now that we’ve ranted and raved, let’s answer the original question, “How many revisions can I have?” After 2 revisions, maybe 3, it’s likely that we’re going to ask you for an additional $499 customization fee.
h) How many pictures of mine do you need? Your logo, a picture of you, a picture of your building, and a picture of your truck. If you have a picture of all of your team together – great. It’s that easy!
Some people send us a few more – their child(ren) standing next to a furnance or compressor, maybe 1 or 2 pics of their techs working on a system, or perhaps a few pictures of their office staff. That’s it!
And then we had a client the other day who sent us 257 images – 747 megabytes, and told us “you decide.” Please don’t do that to us or yourself. We get the idea and appreciate your confidence, but we want you to decide.
i) Will we give you digital versions of the book (including posting pages on your website)?
No. Here’s why: It’s easy to copy digital stuff. That means that your competitor could digitally capture your book, revise it with their information, and before you know it, you no longer have the EXCLUSIVE ADVANTAGE.
There’s another reason why. Think about it… EVERYBODY has digital books. What’s the value of them? ZERO!
THERE IS SO MUCH POWER IN GIVING A PROSPECT YOUR PHYSICAL TRUSTBOOK! That is SUPER-IMPRESSIVE!! Remember – your competitors are giving them a cheap little brochure they print on their office printers. Why would we want to de-value the books by offering them digitally? And why would we give our competitors an opportunity to steal from us? Our policy is clear – NO, you may not post, deliver, give, provide or sell a PDF or otherwise-printed version of your TrustBook in any manner whatsoever. In the event that we discover any such versions of your TrustBook on your website or elsewhere, you are subject to a $10,000.00 per month of use confessed judgment and fine due upon demand. Govern yourself accordingly.
j) The “90-Day Rule.”. We work in a timely manner responding to all communications and phone calls, and in the event that you have not delivered all requested content (such as pictures and logo) and/or have not provided us with your funds, authorization and approval to “go to print” within 90 days of your Customization Conference, you hereby forfeit your exclusive area reservation and any and all funds paid to acquire your customized TrustBooks – period. 90-days is a fair and reasonable term, therefore – no reasons / no excuses. We also will not work with you in the future as it is our belief that if you leave us hanging “on the hook” for 90 days, you’ll do the same to your customers, and that signifies the exact type of client we choose not to affiliate and/or work with. We have no further obligation to deliver any additional notifications about this rule. 90 days after our Customization Conference, we will terminate communications with you and anyone else you’ve designated to work with us. Govern yourself accordingly.
k) Shipping Methods. Products shipped by TrustBook may be shipped by USPS Regular U.S. Mail or by any other method within the sole and absolute discretion of TrustBook. A shipping charge may be imposed.
* No international orders shall be shipped.
* Orders shipped to Puerto Rico will have a 6.6% duty tax.
* All orders require at least 24-48 hours processing time before shipping.
* All orders for books and publications requiring offset printing services require a minimum of 2 weeks printing and processing time before shipping.
* TrustBook does not process orders during weekends.
* No deliveries will be made on Saturday or Sunday.
* TrustBook shall make best efforts, but does not guarantee same day (weekday) shipping – particularly with orders received after noon Tampa, Florida time.
* All orders shipped within Florida will be charged sales tax.
* Exact delivery times to any location cannot be guaranteed.
l) Sales Tax. Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within Florida will be charged applicable sales tax according to your area’s tax rate.
m) Duty Tax. Orders shipped to Puerto Rico will have a 6.6% duty tax applied. Exact delivery times to Puerto Rico cannot be guaranteed.
n) Product and Service Listings. TrustBook strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website, print collateral, and any other forms of communication. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other service and/or product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product and/or service listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, TrustBook shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from TrustBook are provided as resources to you looking for additional information and/or professional opinion. TrustBook does not assume responsibility for the claims and/or representations made on these or any other websites.
o) Product and Service Revisions. TrustBook is not responsible for changes or variations in product and/or service specifications and/or physical appearance, since in some cases TrustBook acts as a distributor for others. In the interest of our Clients, TrustBook puts forth its best efforts to ensure that all product and service information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, TrustBook relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting you and other clients prior to purchase in the event the manufacturer fails to do so. Consequently, TrustBook will not be held responsible for product revision changes.
V. Product and Service Purchase Agreement
By accepting delivery of any product and/or service delivered from TrustBook, viewing such products, or otherwise using such products or services, you (“Client”) agree to be bound by the terms and conditions listed below. You and TrustBook agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and TrustBook. Any attempt to alter, supplement, modify or amend these terms and conditions by you will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from TrustBook.
a) Placing an order and making a payment to reserve an exclusive area for custom-authored books are valid for 30 days and the fee is non-refundable. You are required to return a completed questionnaire within 30 days of placing your order. In the event that you do not return a completed questionnaire, you forfeit your area reservation and all fees paid.
b) Product Issues. If you have problems or concerns regarding TrustBook or your purchases, you may e-mail us at firstname.lastname@example.org.
c) Refund/Return Policy. Currently, we DO NOT ACCEPT RETURNS and WE DO NOT OFFER REFUNDS FOR ANY REASON WHATSOEVER. GOVERN YOURSELF ACCORDINGLY. We do not offer refunds on services such as area reservations, extensions, customizations (regardless of the progress and/or status), the creation of books, printing, publications, websites, consulting, coaching, masterminds, etc. You hereby waive the right to make any credit card charge-backs for any reason whatsoever. For any products specifically offering a 30-day refund/return policy, you may request a refund within 30 days of purchase. You must contact us by submitting a request at email@example.com within 30 days of your purchase. If you purchased a physical product that we shipped to you, you may be required to return the entire product back to us before we process your refund.
d) Review of Proof Prior to Printing: There is a possibility that the publication you ordered to be customized and printed may have mis-spellings, typos, incorrect phone numbers, website URL’s, addresses, etc. It is your responsibility to THOROUGHLY REVIEW YOUR PROOF(S) prior to authorizing and paying the final payment to go to press with your publication. In the event that you find an error(s), please notify us in writing IMMEDIATELY, and we will correct the document and send you another proof for your review and approval. IF YOU FAIL TO IDENTIFY ANY ERROR(S) DURING THE REVIEW PROCESS AND DO NOT NOTIFY US ACCORDINGLY, KNOW WITH CERTAINTY THAT WE WILL NOT INCUR THE EXPENSE OF RE-PRINTING DUE TO YOUR OVERSIGHT OR NEGLIGENCE.
e) Re-Activations and Re-Connections: If you want to maintain your exclusivity within the area assigned to you beyond the first year, you are required to purchase a minimum of 100 books each year. In the event that you do not purchase a minimum of 100 additional books within 395 days (12 months plus 30 days) of your initial reservation fee (the “Termination Date”), the exclusivity for your area will be terminated and offered to other prospective buyers desiring that area. If you request that your services be re-activated after the Termination Date and we haven’t sold to another purchaser for that area, we will grant you a renewal after receipt of a $499.00 reactivation fee AND your purchase of a minimum of 100 books at the current sales price.
f) ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”. TrustBook MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. TrustBook DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY TrustBook ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE PURCHASER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE PURCHASER, AND NOT TrustBook, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
g) Limitation of Liability. IN ALL CIRCUMSTANCES TrustBook’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. WITH REGARDS TO SERVICES, TrustBook’S MAXIMUM LIABILITY IS LIMITED TO NO MORE THAN THE LATEST MONTH SERVICES WERE PROVIDED TO YOU. TrustBook SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. TrustBook SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST YOU, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT TrustBook HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
h) Client Agreed-to Restrictions, Obligations and Limitations; Confidentiality and Limited Use. You acknowledge that the products and services sold by TrustBook have a copyright to Will Ezell and the confidential and proprietary information and property of TrustBook. You hereby agree to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of TrustBook by you, you agree that you will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. You – a “Client” includes anyone who receives the products or services of TrustBook, even if for free.
You agree that no one may use these products and/or services in any manner without the written approval of Will Ezell and TrustBook, except for you who has agreed that his/her use is limited to his/her own personal use. In the event you disagree with these terms, you must immediately discontinue using the products purchased and/or provided from TrustBook. Anyone viewing or otherwise utilizing the products of TrustBook by such conduct is agreeing to be bound by the terms set forth herein, and as such must immediately comply with the terms of this agreement. In the event that TrustBook discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by TrustBook remains information that you have an obligation to protect and maintain as confidential.
You represent and warrant that you, he or she is at least 18 years old. In the event that you are under 18 years old, you will immediately discontinue using the products purchased from TrustBook.
i) Terms and Conditions Specific to Protected Areas and/or Subscriptions. By providing your credit card and other information, agreeing to these Terms and Conditions, or selecting the Purchase button (or similar such button) displayed at http://www.hvactrustbooks.com, or any of its sub-domains and related and non-related domains such as http://www.willezell.com and http://www.bizvisioneers.com, you are purchasing a non-refundable annual subscription and granted a protected exclusive area and are agreeing to allow TrustBook to charge your credit card for amounts payable to TrustBook pursuant to this subscription and protected area – even in the event that you choose to no longer utilize the products and/or services.
Other than non-refundable products and/or services, you acknowledge and understand that you can cancel anytime by contacting Client Support at 813-574-4355 or by submitting an e-mail cancellation request at firstname.lastname@example.org.
GENERAL TERMS AND CONDITIONS.
1. Payment Terms; Orders. An order is not binding upon TrustBook until it is accepted; TrustBook must receive payment before it will accept an order. Payment for product(s) ordered or for services requested are due prior to shipment or provision of services. You can make payment by credit card, or some other method prearranged with TrustBook. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges. Your total cost for purchase of any product will include shipping and handling charges as shown on the TrustBook invoice.
3. Title; Risk of Loss. TrustBook will arrange for shipment of ordered product(s) to you, the Client, Freight On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to you upon delivery to the carrier. TrustBook reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow TrustBook to sign appropriate documents on your behalf to permit TrustBook to protect its purchase money security interest. TrustBook will advise you of estimated shipping dates, but TrustBook will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
4. Governing Law and Jurisdiction. Any dispute arising out of or related to these Terms and Conditions or the business and sales transaction between TrustBook and you shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. TrustBook and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, Hillsborough County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against TrustBook that is more than one year after the date of the applicable invoice.
5. Severability. If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Florida law.
6. Waiver. The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Website End User License Agreement – hvactrustbooks.com
VER 2.0 Last Updated: April 30, 2017
This Website End User License Agreement (“Agreement”) is an agreement between you (“you”, “your”) and BizVisioneers, LLC and its affiliates, licensors and suppliers (collectively, “Content Publisher”, “we”, or “us”).
We author, create, develop, and provide you with a completed book (as defined below) to help you promote and manage your contracting business. That may include providing general business information and content in book-form, and other products and services (each a “Service,” and collectively, the “Services”) directly from the websites and associated domains and applications of http://www.hvactrustbooks.com (collectively, the “Site”).
1. What We Own
All material and products available within the book and on the Site and through the Services, including, but not limited to, a customized contractor book, website, software, software documentation, all informational text and images, design and creation of and “look and feel,” layout, photographs, graphics, audio, video, messages, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Content Publisher trademarks and service marks, logos, slogans and taglines are the property of Content Publisher. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any creative works, designs, code, trademarks, service marks, logos, slogans or taglines displayed of Content Publisher without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
2. Your Rights to Use What We Own or License
Upon receipt of full compensation, we will provide you with 100 customized books with your contact information, services list and pictures of yourself, your location and pictures of your employees / associates as depicted at hvactrustbooks.com, thereby permitting you access to the Materials. You agree to fully and accurately provide the information requested by us within 10 days of signing up for services and to regularly provide updates to us of such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to disclose and/or provide account information, access to the services and/or any other user identification to anyone who is not your employee, and (b) to ensure all individuals permitted to use the Services are aware of and have agreed in writing to comply with the terms of this Agreement.
Subject to this Agreement, we grant you a limited, revocable, non-transferable and non-exclusive license to use the Services and Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to distribute in any way the Services and/or Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services and/or Materials, create derivative works based on, or in any manner commercially exploit the Services and/or Materials, in whole or in part, other than as expressly permitted in this Agreement. You will not reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, writings or graphics of the Service, or (c) copy any ideas, features, functions, writings or graphics of the Service. Any use of the Services and/or Materials for any purpose other than as specifically permitted herein or without our prior written consent or the prior written consent of our licensors, as applicable, is expressly prohibited. You further grant us the right to place disclaimers, our Content Publisher name, author’s name, logo and hyperlink in your customized books. We reserve all rights not expressly granted in this Agreement.
You agree that the Materials available through the Services are for informational and educational purposes only and are not intended to constitute medical and/or professional advice, diagnosis or treatment, or to substitute your professional judgment. We are not responsible for the accuracy or completeness of Materials available from or through the Services. You assume full risk and responsibility for the use of materials you obtain from or through our Services.
If you are using our Materials featuring a model or property with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany such use with a statement that indicates that (a) the Material is being used for illustrative purposes only; and (b) any person depicted in the Content is a model.
3. What You Provide to Us
You are legally responsible for all of Your Personal and Company Information (defined below), data, text, photographs, graphics, customer testimonials, survey responses, messages or other materials printed, uploaded, posted or stored in connection with your use of the Services (collectively, “Content”). You are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. You hereby grant us a worldwide, royalty-free, non-exclusive license to publish, print, host and use the Content in order to provide you with the Services, and you hereby represent and warrant that you have all the rights necessary and are in compliance with all laws to grant us such license. You acknowledge that potential clients may rely upon the Content when selecting your business, employees, agents, sub-contractors, etc. and you agree that the Content you or your business submits will be accurate, complete and not misleading in any respect. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
4. Monitoring What You Provide Us
We may, but have no obligation to, monitor, verify or “fact-check” Content created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect us or our clients, or operate the Services properly. We, in our sole discretion, may refuse to utilize any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5. Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
The fees for each Service are specified in each invoice when you order a Service. You will be charged in advance for the Services, unless otherwise indicated in the order. All fees and charges are nonrefundable and you hereby waive the right to make any credit card charge-backs for any reason whatsoever. If you choose to cancel your Services, you are still responsible for all fees associated with the remaining term of your order if any.
Depending on the Services purchased, you agree to pay for the Services either via credit or debit card. If you are paying by credit or debit card, you expressly agree that we are authorized to charge you (i) a recurring monthly fee for any applicable Services billed on a monthly basis automatically, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information within the term of your agreement, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. If your card expires or we cannot collect the fees for any reason, you have 7 business days to provide a new valid credit or debit card for us to charge. If you do not provide new card information within 7 business days, we will suspend the Services and will only reinstate them once you pay us what you owe plus a reconnection fee plus interest which will accrue at a rate of 1.5% per month.
You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your account. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
We may change fees at any time by providing you 30 days’ notice by email or through your Service portal. Your continued use of the Services after the fee change is your consent to the change.
7. Term and Termination
The term of this agreement is 1 year beginning when you purchase the license, and will terminate at the end of that year. If you cancel your services before the end of your contract term, you are still responsible for all fees (if any) associated with the remaining duration of the contract term.
Notice of termination of Services by us may be sent to the contact e-mail associated with your account. Upon termination, we have the right to delete all data, files, or other information that is stored in your account.
Upon any expiration or termination of this Agreement, the licenses and use rights granted hereunder will immediately terminate, and you will promptly return to us all confidential information related to the Services or destroy all such materials and provide certification thereof.
8. ERRORS AND ACCESS TO MATERIALS AND SERVICES
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR CUSTOMIZED BOOK; INCLUDING ANY PERSONAL OR BUSINESS INFORMATION. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES OR YOUR BREACH OF PERSONAL OR BUSINESS INFORMATION, TYPOGRAPHICAL ERRORS, OMISSIONS, AND OTHER ERRORS. YOU FURTHER UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR KEEPING THIS DATA.
9. DISCLAIMER OF WARRANTY
THE PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER CONTENT PUBLISHER NOR ITS LICENSORS WARRANT THAT ANY PRODUCTS AND/OR SERVICES, CONTENT, MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH hvactrustbooks.com WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CONTENT PUBLISHER OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, PRODUCTS, OR THE MATERIALS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, PRODUCTS OR THE MATERIALS AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK.
WE OFFER NO ASSURANCE THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. CONTENT PUBLISHER AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE PRODUCTS, SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
10. LIMITATION OF LIABILITY
NEITHER WE, NOR OUR LICENSORS OR AFFILIATES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF CONTENT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE CONTENT PUBLISHER AND HOLD CONTENT PUBLISHER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS, SERVICES, MATERIALS, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, CONTENT PUBLISHER, ANY OF ITS AFFILIATES OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, CONTENT PUBLISHER’S TOTAL LIABILITY, IN RESPECT OF SUCH AMOUNTS, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES UNDER THIS AGREEMENT FOR SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.
11. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS, THE SERVICES, OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PRODUCTS AND/OR THE SERVICES OR THE MATERIALS. UNDER NO CIRCUMSTANCE WILL CONTENT PUBLISHER, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. In such event, our liability under this Agreement will be limited to the greatest extent permitted by applicable law in such jurisdiction.
You agree to indemnify, hold harmless, and defend Content Publisher and its shareholders, licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, partners, co-branders, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Products, Services, or the Materials, (ii) your Content, (iii) your breach of this Agreement, including any of your representations and warranties; (iv) your contravention of any applicable law, statute, ordinance or regulation, or (v) any Commercial Products you offer. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We may update or change the Products and/or Services or the terms set forth in this Agreement from time to time and recommend that you review the Agreement on a regular basis. You understand and agree that your continued use of the Products and/or Services after the Agreement has been updated or changed constitutes your acceptance of the revised Agreement. Without limiting the foregoing, if we make a change to the Agreement that materially affects your use of the Services, we may (but are not obligated to) post notice or notify you via email or our website(s) of any such change. No modifications of this Agreement will be effective unless agreed in writing by Content Publisher.
We may also, in the future, offer new services and/or features through Site (including the release of new Products, tools and resources). For the avoidance of doubt, such new features and/or services will be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be governed by the substantive and procedural laws of the state of Florida without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Hillsborough County, Florida and the Central District Court of Florida, respectively, and you hereby submit to the personal jurisdiction of such courts. This choice of venue is designed to be mandatory, and not permissive, in nature. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Content Publisher as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Content Publisher will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Content Publisher in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security will be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Content Publisher, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
This Agreement supersedes any written, electronic, or oral communication you may have had with us or any agent or representative thereof, and constitutes the complete and total agreement between the parties. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, corporate restructure, to any affiliate or otherwise. This Agreement does not confer any third party beneficiary rights. Each party is an independent contractor and not a partner or agent of the other. This Agreement does not create an agency, partnership or joint venture and does not impose partnership or agency obligations or liability upon either party. The section titles in these Terms are for convenience only and have no legal or contractual effect. All notices and other communications required or permitted to be given by us to you under this Agreement will be deemed to be properly given on the date when sent to your email address or postal address recorded for your account. All notices and other communications required or permitted to be given by you to us under this Agreement will be deemed to be properly given on the date when sent in writing via delivery confirmation postal mail or private courier to 808 West Waters Avenue, Tampa, FL 33604, Attention: Legal Department.
REV 2.0 Last updated: April 30, 2017
ACCEPTANCE OF TERMS
THE INFORMATION WE COLLECT
In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information.
1. Personal Information.
When you sign up to receive any of our newsletters, respond to a survey, register for a class, or purchase any products or services, you may be required to provide us with personal information about yourself, such as your name, address, email address, and phone number. We do not collect any personal information from visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”
2. Order Information.
When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”
3. Billing Information.
4. Other Information
In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
a. From You. Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.
b. From Your Activity. Information that we automatically collect when you use the Websites, including, without limitation:
* IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and
* Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.
c. From Cookies Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly.
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.
e. From Other Sources. We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.
INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
If you have registered for the Websites, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Websites. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any TrustBook marketing email (if any). Clients cannot opt out of receiving transactional emails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
HOW WE USE AND SHARE THE INFORMATION
We use the Personal Information, the Order Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Websites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.
We may also use and/or share Information as described below.
* TrustBook will access, use, and share the Information as required to process your Orders and provide support to you.
* In order to provide our services and administer our rewards and promotional programs, we may share the Information (excluding the Billing Information) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
* With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
* We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Order fulfillment, client service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
* In an ongoing effort to better understand our Visitors, clients, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
* We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
* As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
* To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of TrustBook or others.
INFORMATION YOU SHARE
Please keep in mind that whenever you voluntarily make your Personal Information available to third parties — for example on message boards or web logs; through email; during webinars, classes, telephone conferences, or coaching calls; or in comment or chat areas — that information can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending us an email, or sending us mail to the address listed below.
HOW WE PROTECT THE INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws. We do not trade or share your private information with others. If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us and provide us with information relating to your concern.
IMPORTANT NOTICE TO U.S. and NON-U.S. RESIDENTS
TrustBook does not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
HOW TO CONTACT US
808 West Waters Avenue
Tampa, FL 33604