Terms of Use
Last Updated: April 23, 2008
Welcome to our web site. Your use or continued use of our site indicates to us that you have read and agreed to these Terms of Use which together with our Privacy Policy govern our affiliates, partners and TrustMe Security Inc.'s relationship with you in relation to this website. Please read them carefully.
This Terms of Use, also referred to as the "Agreement", is a binding contract between you and TrustMe Security Inc., regarding your use of TRUSTMESECURITY.COM, TRUSTMESECURITY.NET, TRUSTMEBUSINESS.COM and TrustMe Security Inc.'s collection of applications, plug-ins and/or technology.
The term "TrustMe" or "us" or "we" refers to the owner of the web site and TrustMe collection of applications, plug-ins and technology, TrustMe Security Inc., whose registered office is Suite 200, 264 Botsford Street, Moncton, New Brunswick, Canada.
The term "TrustMe Application" refers to any application, plug-in, and/or other technology, provided under any license.
The term "you" refers to the user or viewer of our web site, any persons with accessibility to this web site, or a user of a TrustMe Application.
All of the information, content, services and software displayed on, transmitted through, or used in connection with TrustMe, including for example directories, guides, articles, opinions, reviews, text, software clients, plug-ins, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like are referred to collectively, as the "Content".
If you do not agree with any of the terms or conditions outlined in this document, alone or in their entirety, please exit this web site immediately and uninstall the TrustMe Application in conflict.
THE USE OF THIS WEB SITE AND TRUSTME APPLICATION IS SUBJECT TO THE FOLLOWING TERMS OF USE:
A. Framing and Links
You may freely link to any publicly available content directly. You may not utilize any framing technique that involves the use of any logo, trademark, copyrighted material or otherwise proprietary information including images, text, site layout or forms, without written consent.
B. Reverse Engineering
You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from TrustMe or distribution partner, not to insert any code or product or manipulate the content of a TrustMe web site or TrustMe Application in any way, and not to use any bots, Trojan horse, or any data gathering or extraction method in connection with your use of TrustMe's web site or TrustMe Applications. Any illegally created derivative work is the property of TrustMe.
C. Personal Information
Some areas of TrustMe may require registration or otherwise ask you to provide information to make use of or participate in certain features or content. In all cases the decision to provide any information is entirely optional, however if you elect not to proffer such information, you may not be able to use a TrustMe Application, access certain content or features or participate in various areas of the TrustMe web site. You may also be asked to provide information in other contexts, in order to enter a sweepstakes, contest or promotion, as an example.
When you subscribe or register a TrustMe account or provide information to a TrustMe web site in any other manner, you agree to provide only true, accurate, current and complete information on all registration and information gathering pages. Using a name other than your own legal name is prohibited (except in those specific areas of TrustMe's web site, like message boards, that may specifically ask for unique or fictitious names). You agree that TrustMe may use the information you provide to us according to our Privacy Policy.
Becoming a registered TrustMe user and/or subscriber to a TrustMe web site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights to another user. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access a TrustMe web site or utilize a TrustMe Application using your name in whole or in part. TrustMe reserves the right to terminate membership and deny access to the site to any person who violates this Terms of Use.
D. Web Site User-Created Content
When you place material on, or communicate in any way with the TrustMe web site, including communication during comments, resumes, photographs, sweepstake entries and any other transmission of information conducted on the TrustMe web site, you represent and warrant that you own or otherwise control all of the rights to the content that is being communicated, that the content is accurate, it does not violate these Terms of Use, and that it will not cause injury to any person or entity.
You unequivocally grant TrustMe, affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to make use of, in whole or in part, copy, modify, display, archive, store, distribute, reproduce and create derivative works from information you provide to us on the TrustMe web site, in any form, media or technology of any kind now existing or developed in the future as allowed under our Privacy Policy. Without limiting the generality of the previous sentence, you authorize TrustMe to include the information you provide in a searchable format that may be accessed by users of TrustMe sites.
You grant TrustMe and its affiliates and related entities the right to use your name and any other information about you that you provide on the TrustMe web site in connection with its use and with the reproduction or distribution of such material, and also grant TrustMe the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication engaged in with TrustMe or disclose to TrustMe for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
TrustMe is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TrustMe.
E. Interactive Features
TrustMe message boards, comment features, chat rooms and other such interactive areas are provided to give users a forum to express their opinions, resolve support inquiries, and share their ideas and information. Given the nature of TrustMe and the volume of messages and postings, TrustMe's moderation efforts can not ensure all of the material posted or transmitted by users and third party information providers does not contain offensive material. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers, addresses or other information that can be used to identify you. TrustMe reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
As stated in the TrustMe Privacy Policy, TrustMe and its affiliates do not knowingly collect information about children and therefore children may not use any TrustMe interactive features.
F. Posting Rules
Interactive areas, message boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ and disagree - opinion is subjective and we encourage freedom of speech and a marketplace of ideas. But by using these areas of TrustMe, you are participating in a community that is intended for all TrustMe users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by TrustMe in its discretion at any time after posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using TrustMe, please refrain from posting material that:
- may contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- violates any right of TrustMe or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, provincial or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of the TrustMe web site or a TrustMe Application.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on a TrustMe web site without the express permission of the owner of that material.
- uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Use.
- includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any civic, municipal, provincial, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of TrustMe, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through TrustMe or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
TrustMe will also make every reasonable effort to remove any posts suspected of being made by a child.
A VIOLATION OF THE PRECEDING GUIDELINES AND PROHIBITIONS WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES WHEN APPROPRIATE.
G. Third Party Communications
Your dealings or communications through the TrustMe web site or TrustMe Application with any party other than TrustMe are solely between you and that third party. As an example, certain areas of the TrustMe web site may be e-commerce enabled and allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will TrustMe be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully the third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
H. International Use
The TrustMe web site and TrustMe Applications are controlled, operated and administered by TrustMe from its offices within Canada. TrustMe makes no representation that materials or Content available through the TrustMe web site or TrustMe Applications are appropriate or available for use outside Canada and access to them from territories where their contents are illegal is prohibited. You may not use the TrustMe web site or export the Content in violation of Canadian export or intellectual property laws and regulations. If you access the TrustMe web site or TrustMe Application from a location outside Canada, you are responsible for compliance with all local laws.
I. Limitation of Liability
The TRUSTME web site uses reasonable efforts to include accurate and up-to-date information, however we make no warranties or representations as to the accuracy of the presented details and content and assume no liability or responsibility for any error or omission. The TrustMe web site does not represent or warrant that use of any Content when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on the TrustMe web site may be provided and/or hosted by third parties. TrustMe has not reviewed all of the sites linked to the TrustMe web site and is not responsible for the content of any off-site pages or links to or from any other sites. While TrustMe encourages such third parties to abide by these Terms of Use, TrustMe accepts no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE TRUSTME WEB SITE AND/OR TRUSTME APPLICATIONS IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE TRUST ME WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER TRUSTME, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE TRUSTME WEB SITE AND/OR TRUSTME APPLICATIONS, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. TRUSTME MAKES NO WARRANTY THAT THE TRUSTME WEB SITE OR TRUSTME APPLICATIONS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, ERROR FREE, OR THAT THE TRUSTME WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
THE TRUSTME WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TRUSTME DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE TRUSTME WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
THE TRUSTME WEB SITE AND TRUSTME SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE TRUST ME WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE TRUSTME WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE TRUST ME WEB SITE. TRUSTME ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THE TRUSTME WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE TRUSTME WEB SITE.
IN NO EVENT SHALL TRUSTME, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRUSTME, OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
J. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TRUSTME, ITS PARENT AND AFFILIATED COMPANIES, AND ITS RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE TRUSTME WEB SITE; (B) YOUR USE OF A TRUSTME APPLICATION (C) TRUSTME's USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT OR REGISTRATION, EVEN IF NOT POSTED BY YOU; AND, (E) ANY VIOLATION OF THIS AGREEMENT BY YOU.
K. Conclusion
TrustMe reserves the right to change these Terms of Use at any time in its discretion and to notify users of any such changes solely by changing this Terms of Use. Your continued use of the TrustMe web site and/or TrustMe Application after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.
TrustMe may modify, suspend, discontinue or restrict the use of any portion of the TrustMe web site, including the availability of any portion of the Content at any time, without notice or liability. TrustMe may deny access to any person or user at any time for any reason. In addition, TrustMe may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their divisions, or any entity that acquires TrustMe, or any of their assets.
These Terms of Use will be governed by and construed in accordance with the laws of the Province of New Brunswick, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to TrustMe must be filed in a federal or provincial court located in Moncton, New Brunswick, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of TrustMe to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to TrustMe, and all other provisions for which survival is equitable or appropriate.
L. Inquiries
TrustMe Security Inc.
264 Botsford Street, Suite 200
Moncton, New Brunswick Canada E1C 4X7
If you have any questions, comments or concerns regarding this Agreement you may write to TrustMe for more information at the address above.