Welcome to the Internet sites of www.trustgo.com (the "Site" or "Sites"). We at TrustGo Mobile Inc. ("TRUSTGO") provide certain software (the "Software") and services (the "Services") to you subject to the following Terms of Service (the"TOS"), which may be updated by us from time to time without notice to you.
Please read the TOS carefully before using any Site, Software, or Services. By accessing and using any Site or by selecting the "Accept" (or the equivalent) option, you explicitly acknowledge that you have read and understood this TOS and agree to be bound by theterms and conditions hereof.
You are not required to accept these terms and conditions. If you do not wish to be bound by this TOS, you may not use the Sites.
Use the Sites, Software, and Services.
TRUSTGO welcomes your use of the Sites, Software, and Services, subject to the TOS and other applicable agreements between you and TRUSTGO.
You shall use the Sites, Software, and/or Services in compliance with all applicable laws in your jurisdiction. You shall not, and shall not permit or encourage any third party to:
a. Reproduce, duplicate, sell, resell, distribute, rent, lease, sublicense, or otherwise transfer, publish or disclose the Software and/or Services for commercial purpose.
b. Reverse engineer, disassemble, decompile, or otherwise derive source code from the Software, or adapt, modify, translate, or create any derivative works based upon the Software.
c. Circumvent or disable the Software and/or Services or any technology, features, or measures in the Software and/or Services by any means.
d. Engage in any activity for any inappropriate or fraudulent purpose, or that may constitute a criminal offense or give rise to civil liability, or that otherwise interferes with the use and enjoyment of the Sites, Software, and/or Services by others.
Modifications and Updates.
TRUSTGO may modify the operation and availability of or provide updates to the Sites, Software, and/or Services from time to time, without prior notice.
TRUSTGO provides technical support for your use of the Sites, Software, and/or Services (the "Technical Support"). However, the Technical Support does not constitute any warranty to you and TRUSTGO assumes no responsibility whatsoever in connection with or arising from the Technical Support. Furthermore, without prior notice, TRUSTGO, in its sole discretion, reserves the right to and may cancel or discontinue the Technical Support to you.
Intellectual Property Ownership.
TRUSTGO and/or its licensors own and retain all rights, titles, and interests in and to the Sites, Software, and/or Services. Your use of the Sites, Software, and/or Services pursuant to this TOS does not assign you any title to the intellectual property rights in and to the Sites, Software, and/or Services, including but not limited to all patents, copyrights, trademarks, and trade secrets.
TRUSTGO will consider the comments and suggestions you may provide for developing better products and services but please note that TRUSTGO shall not have obligation to respond to or act on any such comments or suggestions. Please also note that by making comments or suggestions, you acknowledge that you grant to TRUSTGO and its licensors permission to implement and incorporate your comments or suggestions into current or future products and services, without prior notice and without further compensation to you.
When using the Sites, Software, and/or Services, you may transmit, upload, or otherwise distribute content or materials (the "User Data") to the Sites or TRUSTGO's server where the User Data is hosted, stored, shared, and/or published. You shall be solely responsible for your own User Data and the consequences of handling the User Data. TRUSTGO may actively monitor the User Data of all customers for content that is inappropriate or illegal. Notwithstanding such monitoring, TRUSTGO assumes no responsibility concerning the content or handling of your User Data. TRUSTGO, in its sole discretion, reserves the right to prevent you from submitting the User Data or restrict or remove your User Data without prior notice
The Sites and Services may include links to web sites, products, or services of a third party. TRUSTGO does not make any representation or warranty regarding any such web sites, products, or services. You take full responsibility for choosing any such web sites, products, or services. TRUSTGO is not liable for any loss or damage associated with your choice or use of such web sites, products, or services.
Payment and Renewal.
In addition to free version of the Software and/orServices with limited features, TRUSTGO may also offer paid premium version with additional features (the "Premium Services").For the payment of the Premium Services, it is not refundable and there are no refunds or credits for partially used periods, unless otherwise expressly provided by this TOS. TRUSTGO may automatically renew the Premium Services at the end of the subscription period and charge you for such automatic renewal. If you do not wish to renew the Premium Services, you must inform TRUSTGO and cancel your Services before the end of subscription period in order to avoid the charge for the automatically renewed subscription.
a. Information Collection.During the provision of the Sites and Services, TRUSTGO may needto retrieve and collect information about you or your device. Some of this information may be personally identifiable. Such information includes but not limited to:
i. Information about your device, such as mobile phone number, device type and manufacturer, operating system, web browser software, wireless carrier, and Internet Protocol address.
ii. Information about yourself when you access the Sites, register for the Services, submit order online, or request for technical support, such as your name, physical address, email address, your ID number, and credit card number.
iii. Information about your use of the Sites, Software, and/or Services, such as the information obtained by using cookies.
iv. Information that is collected in connection with the service of security and anti-virus, such as the applications and files stored on your device, scan and scan results, traffic blocked by firewall service, and backup data.
b. Protecting Personal Information. TRUSTGO agrees to protect your privacy and uses your personal information only for the purpose of maintaining and operating the Sites, Software, and/or Services. TRUSTGO holds your personal information in strict confidence and does not disclose or share your personal information to any third party except as set forth in the below Section 10d.
c. Consent to Use. Your personal information is essential to enable TRUSTGO to operate and maintain the Sites and Services. You hereby consent to the collection, use, backup, and storage of your personal information by TRUSTGO and its service providers.
d. Exception to Personal Information Use.TRUSTGO shall not be responsible or liable for using, sharing, or disclosing your personal information under the following circumstances:
With your consent.
i. In order to save you from imminent danger in life, body, or property.
ii. In order to prevent the rights or interests of others from suffering material loss or damage.
iii. In order to protect public interest while without causing the significant loss or damage to your material interest.
iv. Required by law enforcement agency.
v. Regarding the information that has been disclosed to public by yourself.
vi. Regarding information loss or disclosure due to hacker attack, intrusion, virus, or website closure requested by government, all of which are beyond TRUSTGO's capacity or control.
Disclaimer of Warranty.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN YOUR JURISDICTION, (a) TRUSTGO, ITS SUPPLIERS, AND AUTHORIZED PARTNERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM OR DAMAGE IN CONNECTION WITH YOUR USE OF THE SITE, SOFTWARE, AND/OR SERVICES; (b) THE SITE, SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS" AND/OR "AS AVAILABLE" WITH NO WARRANTIES AS TO THEIR SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE; AND (c) TRUSTGO, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED, STATUTORY OR BY COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL TRUSTGO, ITS SUPPLIERS, OR AUTHORIZED PARTNERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DIRECT, INDIRECT, INDIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE OF THE SITES, SOFTWARE AND/OR SERVICES, EVEN IF TRUSTGO, ITS SUPPLIERS OR AUTHORIZED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUSTGO, ITS SUPPLIERS OR AUTHORIZED PARTNERS WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM CAUSED BY CIRCUMSTANCES OUTSIDE OF TRUSTGO'S CONTROL. SUCH LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWS IN YOUR JURISDICTION AND NOTHING IN THIS TOS WILL DIMINISH ANY RIGHTS YOU MAY HAVE UNDER EXISTING LAWS THAT MAY NOT BE WAIVED BY CONTRACT.
a. Modification of the TOS. Without prior notice, TRUSTGO, in its sole discretion, may modify this TOSand post any changes to this TOSon TRUSTGO's website. You agree to be bound by any changes to the TOS.
b. Termination. Without prior notice, TRUSTGO, in its sole discretion, may terminate or suspend your use of the Sites, Software, or Services without liability if (a) TRUSTGO believes that you have violated any of the terms and conditions of this TOS; (b) TRUSTGO believes that you repeatedly infringe or have infringed the copyrights of others; (c) There have been extended periods ofinactivity with respect to any of the Services; or (d) You have owed any fees to TRUSTGO. These remedies are in addition to any other remedies TRUSTGO may have at law or in equity.In the case ofthe Sites and free Software or Services,TRUSTGO reserves the right to terminate the Sites, Software, or Services at any time without cause and without prior notice.
c. Export Controls. The Software and Services are subject to export controls under the U.S. Export Administration Regulations. Therefore, the Software or Services may not be exported or re-exported to entities within, or residents or citizens of, embargoed countries or countries subject to applicable trade sanctions, or to prohibited or denied persons or entities without proper government licenses. Information about such restrictions can be found at the following websites: http://www.treas.gov/ofac/ and http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. You are responsible for any violation of the U.S. export control laws related to the Software or Services. By accepting this TOS, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving any part of the Software or Services.
d. Notice. TRUSTGO may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you access or launch the Sites, Software, and/or Services. Any such notice will be deemed delivered on the date TRUSTGO first makes it available through the Sites, Software, and/or Services, irrespective of when you actually receive it.
e. Entire Agreement and Severability. This TOS constitutes all of your rights, and is the entire Agreement between You and TRUSTGO, for the Sites, Software and Services. This TOS supersedes any other communications, oral or written, and any representations or advertising relating to the Sites, Software, or Services. This TOS shall be enforceable to the fullest extent permitted by applicable law. If any provision of this TOS is held invalid, the remainder of this TOS shall continue in full force and effect.
f. Governing Law. This TOS will be governed by the laws of the State of California without regard to conflicts of law provisions. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute or claim in connection with or arising from this TOS shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA, provided that the foregoing shall not prevent TRUSTGO from seeking injunctive relief in a court of competent jurisdiction.
g. Language. This TOS is made and shall be construed in English.
h. Customer Contact.Thank you for your interest in TRUSTGO. If you have any questions concerning these terms and conditions, please contact us at:By email: firstname.lastname@example.org
Last updated December 20, 2011