Terms of Use – Trumpet

Terms of Use

REVISION DATE: JULY 19, 2018

FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT LEGAL@TRUMPETINC.COM.

1. Acceptance of Terms of Use

These terms of use are between You and Trumpet, Inc., an Arizona corporation (”Company”, “we” or “us”). If you are an end user of a Trumpet software, Trumpet software as a service product or services agreement, these Terms of Use are subject to any services agreement between the Subscriber and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Agreement”), govern your access to and use of Trumpetinc.com, including any content, functionality, and services Trumpetinc.com (the “Site”) offers.

Please read the Terms of Use carefully before using the Site or Services. By (i) accessing, browsing, subscribing to, and using the Site; and (ii) by using Company’s software as a service products, licensed products, associated content, and any customizations made to the services (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by and abide by this Agreement, and to comply with all applicable laws and regulations. If you do not agree to these terms, do not access or use the Site or any of the Services. To avoid doubt, all references to “Site” in these Terms includes the Services.

This Site and Services are offered and available to users over the age of 18. By using this Site and Services, you warrant that you are over 18 and meet all the eligibility requirements. If you do not meet all these requirements, do not access or use the Site or Services.

The material provided through our Site and the Services is protected by law, including, but not limited to, United States copyright law and international treaties. Company controls and operates the Site and the Services from its United States’ offices. Company makes no representation that materials on the Site and in the Services are available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you access the Site and the Services from other locations, you are responsible for complying with all applicable laws.

2. Changes to the Terms of Use

Occasionally, we may modify this Agreement and post those modifications to the Site. All changes are effective immediately when we post them, except for dispute resolution provisions which will not apply to any disputes occurring before the date the change is posted on the Site. Your continued use of the Site and Services following the posting of revised Terms of Use means that you accept and agree to the changes. Check this page regularly for changes, as they are binding on you.

3. Accessing the Site

In our discretion, we may withdraw, amend, or restrict access to, the Site and Services without notice. We are not liable if the Site is unavailable. You must ensure (1) Site internet access, and (2) that others comply with this Agreement if using you to access the Site and Services.

To access the Site or Services, you may be asked to provide certain registration details. The information you provide on the Site must be correct, current, and complete. We may terminate your access to our Site and to the Services if you provide us with false or misleading registration data. You agree that our Privacy Policy governs all information you provide to register with this Site or Services (https://trumpetinc.com/privacy-policy/) and consent to all actions we take concerning your information consistent with our Privacy Policy.

If we provide, or you choose, a user name, password, or other information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site using your user name, password, or other security information. You are solely responsible for keeping your password and account confidential, and for all authorized and unauthorized use of your password or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. You must notify us immediately of any unauthorized access to or other security breach and agree to exit your account at each session’s end. If you violate this Agreement, we may disable a user name, password, or other identifier.

If you opt in to receive special offers from Company via email, you can unsubscribe at any time by contacting legal@trumpetinc.com. By opting in to receive special offers, you consent to receiving text messages or emails including promotions, offers, polls, or giveaways.

4. Payment

If the Services require a subscription, Company will grant your access following payment of applicable fees. Failure to pay fees may result in account suspension.

You represent and warrant to Company that you are authorized to use the payment instrument and any payment information is true. You will promptly update your account information with any changes.

All subscription fees are non-refundable.

5. Use Restrictions and Intellectual Property

Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) own the Site, Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Company Content”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content.

The Site and Services contain proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Site or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit any of the content in whole or in part.

You will not upload, post or make available on the Site or via the Services, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any third-party infringement claims resulting from a submission by you.

The Company Content, Site, and Services may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without Company’s express written consent. You may not frame any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site or Services. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the Company’s express written consent. You may not misuse, unlawfully use, or use for any commercial purpose the Site or Services. You may store files that are automatically cached by your Web browser.

The Company name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are trademarks of their respective owners.

No right, title, or interest in or to, or any content on, the Site or Services is transferred to you, Company reserves all rights not expressly granted. Unpermitted use of the Site or Services breaches this Agreement and may violate copyright, trademark, or other laws.

6. Changes

Information provided on the Site and via the Services, including any improvements or changes to the Services, may be changed or updated without notice.

7. Availability

Information that Company publishes on the Site may reference Services not available in your country. Consult Company for information regarding available Services.

8. Disclaimer of Warranties

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY PROVIDES ALL INFORMATION ON AN “AS IS” BASIS ONLY. COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK. COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES ARE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF PRODUCTS, INFORMATION, OR SERVICES ON THE SITE WILL MEET YOUR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING APPLICABLE LAW WHEN USING THE SITE OR RELATED SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE OR SERVICES. COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. YOU DOWNLOAD OR OBTAIN ANYTHING FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING COMPUTER DAMAGE OR LOSS OF DATA. NO COMPANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT COMPANY IS NOT LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, MODIFICATION, AND EVENTS BEYOND COMPANY’S CONTROL.

10. Prohibited Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site and Services:

  • • In any way that violates any applicable federal, state, local, or international law or regulation.
  • • To exploit, harm, or attempt to exploit or harm minors in any way.
  • • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using their email addresses).
  • • To restrict or inhibits anyone’s use or enjoyment of the Site or harm the Company or users of the Site or expose them to liability.
  • Additionally, you agree not to:
  • • Use any robot, spider, or other automatic device or means to access the Site or Services.
  • • Use any manual process to monitor or copy any of the material on the Site or Services for any other unauthorized purpose.
  • • Use any device, software, or routine that interferes with the Site or Services’ proper working, or Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material.
  • • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site or Services, or any server, computer, or database connected to the Site or Services.
  • • Attack the Site via a denial-of-service or Interfere with the Site/Services’ workability.

11. User Communications

Company may create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services, or other related features or benefits, subject to additional terms. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, transferred, or made available to the general public; (iii) Company may disable them at any time for any reason without liability; (iv) may only be used pursuant to their terms; (v) are not valid for cash; and (vi) may expire prior to your use. Company may withhold or deduct credits, or other features or benefits, if Company determines that the use of the referral system or Promo Code was in error, fraudulent, illegal, or otherwise violates Company’s Terms.

Any material, information, or idea you transmit to or post on the Site or through the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing its services. Notwithstanding the foregoing, all personal data provided to Company will be handled in accordance with Company’s Privacy Policy, available at https://trumpetinc.com/privacy-policy/. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The Site may contain a weblog or other interactive feature that allows users to post comments (“User Contributions”). By providing any User Contribution, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant a license to us and our successors and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, but we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Third Party Links

The Site may contain third party links. We provide these links for your convenience and not as an endorsement. We disclaim any representations regarding third party content, accuracy, or privacy practices.

13. Termination

In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services for any reason, including, but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of this Agreement, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account for any reason by emailing Company at support@trumpetinc.com. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site or Services. Upon termination, suspension, or cancellation of the Services, all rights granted to you will automatically terminate and immediately revert to Company.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) relating to you violating this Agreement or your use of the Site or Services, including, but not limited to, any use of the Site’s information, content, services, and products other than as expressly authorized in this Agreement.

15. Governing Law and Dispute Resolution

This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Revisions to this Agreement

Company may at any time revise this Agreement by updating this posting. By using the Site and Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

18. Notices

Notices shall be emailed to legal@trumpetinc.com (for Company) or to the email address you provide to the Company during the registration process (for you). Notice is given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provided during the registration process. In such case, notice is given three (3) days after the date of mailing.

19. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the address below. It is the policy of the Company to terminate the user accounts of repeat infringers.

All DMCA notices should be sent to our designated agent as follows:

    Copyright Administrator
    Weiss Brown
    6263 North Scottsdale Road, Suite 340
    Scottsdale, AZ 85250
    CopyrightAdministrator@WeissBrown.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

© 2018 Trumpet, Inc.