Trusted-Consumer.com Terms of Use and Service (“Agreement”)

General

Trusted-Consumer.com (“Trusted-Consumer.com,” “we,” “us,” or “our”) oversees the website, Trusted-Consumer.com (“Site”) and related services (collectively, our “Services,” further explained the next paragraph).  By visiting this site, you (“you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”).

Our Disclaimer of Warranties

THE SERVICES, MATERIALS, AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 

TRUSTED-CONSUMER.COM, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, THE MATERIALS, THE INFORMATION, AND/OR ANY OTHER SERVICES OR PRODUCTS THAT WE PROVIDE.  WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, MATERIALS, INFORMATION, OR OTHER PRODUCTS AND SERVICES THAT WE PROVIDE.  WE DO NOT WARRANT THAT THE SERVICES, MATERIALS, INFORMATION, OR OTHER PRODUCTS AND SERVICES WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TRUSTED-CONSUMER.COM, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND THE INFORMATION PROVIDED ON THIS SITE.

IN NO EVENT WILL TRUSTED-CONSUMER.COM, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, THE SERVICES, THE MATERIALS, THE INFORMATION, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY TRUSTED-CONSUMER.COM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. 

Indemnification

You will indemnify, defend, and hold harmless Trusted-Consumer.com, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, caused by or resulting from:

  1. your violation of any of the provisions of these Service Order Terms;
  2. any activity related to your accessing the Services and Information, including, without limitation, negligent or wrongful conduct; or
  3. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to you and your Order for our Services.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Force majeure

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Trusted-Consumer.com relies (including but not limited to, any outage in hosting services provided by a third-party host for Trusted-Consumer.com online services); or any other unforeseen and external occurrence for which Trusted-Consumer.com is not responsible and could not predict which is required for the performance of its obligations, then Trusted-Consumer.com will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

Non-assignable

Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Trusted-Consumer.com. Any assignment or purported delegation by you without Trusted-Consumer.com’s written consent will be null and void and of no force or legal effect.

Choice of law

This contract is to be governed at all times by the laws of the State of Illinois applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Illinois.

Arbitration & choice of forum

Any dispute or claim relating in any way to your use of Trusted-Consumer.com’s information, or your visit to the Site, will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case the arbitrator shall award attorney’s fees.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a electronic letter requesting arbitration and describing your claim to our registered agent at Trusted-Consumer.com, info@trusted-consumer.com.

You agree that, if possible under all relevant rules, the arbitration will occur in the State of Illinois, near the city of Chicago.

Disputes as Individuals; Class Action Waiver

You and Trusted-Consumer.com both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.  YOU AND WE BOTH HEREBY EXPRESSLY WAIVE EACH OF OUR OWN RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.

Merger

This Terms of Use, together with the Privacy Policy, CCPA Policy (when applicable), Service Order Terms, and DMCA Policy (when applicable) represents the full agreement between you and Trusted-Consumer.com.  No other representations whether oral or written, form any part of your agreement with Trusted-Consumer.com. Additionally, this Terms of Use cannot be orally modified, even by Trusted-Consumer.com personnel, and no provisions of it can be waived by either party except in writing.

Severability

If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.