<span class="translation_missing" title="translation missing: en.logos.trusty">Trusty</span>

Terms of Use

Last updated May 9, 2023

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN LIMITATION OF LIABILITY AND BINDING ARBITRATION PROVISIONS AS WELL AS PROVISIONS RELATED TO A WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE TRUSTY WEBSITE. PLEASE READ CAREFULLY.

These Trusty Terms of Use (“Terms”) govern access to and use of the Trusty (“Trusty”, “we,” “our”, or “us”) web sites (https://trusty.app, the “Site”) and the related applications and services available from us, including our content-sharing, payments, and communications platform incorporated within the Site and related applications (the “Platform”, and together with the Site, the “Services”) by site visitors. Trusty and the Site are owned by CompanyCam, Inc. (“CompanyCam”). By using the Site, you as a site visitor accept these Terms (whether on behalf of yourself or a legal entity you represent).

Please note that your use of our Site and Services constitutes your unconditional agreement to follow and be bound by the Terms then in effect. Although you may access a particular portion of this Site or the Services directly through our application or to a direct web link and thereby bypass the display of these Terms, your use of this Site and the Services still binds you to the Terms then in effect. We reserve the right to update or modify the Terms at any time without prior notice. Your use of the Site and Services following any such change constitutes your unconditional agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review the effective date of the Terms each time you access this Site or the Services and, if the Terms have been revised since your last visit, to review the revised Terms which will apply to your visit and your use of the Site and Services.

These Terms may include information about future product functionality and are an expression of intent. When deciding to use the Services, that decision should be made based on the functionality or features we have made available today and not on the delivery of any future functionality or features. You agree that your purchase and/or use of the Services is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by CompanyCam or any of its affiliates regarding future functionality.

Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms; and (b) are not and will not when using the Site or Services be located in, under the control of, or a national or resident of a U.S. embargoed country or territory and are not a prohibited end user under export control laws. You acknowledge that you are not permitted to use the Site or Services if you cannot make these representations. If Trusty has previously prohibited you from accessing the Site or using the Services, you are not permitted to access the Site or use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

Permitted Use of the Site and Services. The Services are intended to display, promote, and facilitate the services of certain contractors and other service professionals (collectively, “Service Professionals” and individually, a “Service Professional”) using the Trusty Platform or the CompanyCam application (the “CompanyCam App”). The Services will enable Service Professionals to display media related to their services, as well as communicate with customers or prospective customers of the Service Professional (referred to herein as a “Homeowner”). Trusty does not guarantee the accuracy of the information or representations provided by the Service Professional, as they are self-documented by the Service Professional. Trusty therefore makes no representations or warranties regarding any information posted by a Service Professional and assumes no liability for such information, and you are encouraged to perform your own diligence and research on any Service Professional independently of the information we provide through the Platform. The Services will allow Service Professionals to create one or more projects within the Platform (each a “Project”) and invite one or more Homeowners to collaborate with the Service Professional regarding a Project. The Services will also allow Homeowners and Service Professional to communicate by creating a project within the Platform and inviting one or more users to collaborate regarding the Project. The Service Professional will generally manage the Project through the Platform, and Service Professional agrees to comply with the terms of any such accepted Project that may be agreed to between Service Professional and Homeowner, whether agreed to through the Platform or otherwise. In addition, the Services allow for the Service Professional to submit payment requests to the Homeowner and allow the Homeowner to make such payment through the Platform through our integration with a third-party payments facilitator as described below. Trusty only acts as intermediary between Homeowner and Service Professional and shall in no way be a guarantor of any aspect of the Project or provide any warranty with respect to the services provided by a Service Professional. The provision of services by the Service Professional to the Homeowner is therefore subject to the agreement (to be) entered into between them, and Trusty shall never be a party to such agreement.

Registration. In order to use the Services and the Platform, you will be required to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you will be asked to provide an email or other contact address such as text message and following the link sent to the email address (or other contact info) you provide, unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. You are solely responsible for any activities occurring under your Account. If you suspect any unauthorized use of your Account, you agree to notify us immediately. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.

Accounts. Accounts come in two primary groups: 1) Organizational Accounts and 2) Individual Accounts. Organizational Accounts are included within the CompanyCam App and can be linked to a certain number of Individual Accounts as set out in your access plan. Service Professionals will register for Organizational Accounts or Individual Accounts, as applicable, via the CompanyCam App and will be required to subscribe to the CompanyCam App at a level that permits integration with the Trusty Platform.

Organizational Accounts. The Service Professional registering for an Account (the “Account Owner”) on behalf of an organization (an “Organizational Account”), is entitled to certain administrative permissions as set out in the Services. The Account Owner of an Organizational Account may grant access to the Services to certain individuals (“Authorized Users”), subject to the limits of any plan for which you enroll as may described in more detail on the Site. When registering for an Organizational Account, administering such Account, and when accessing or otherwise using the Services, you represent or warrant that the information you enter for your organization is correct. You further acknowledge and agree that the Account Owner for the Organizational Account is responsible for all activity conducted by all Authorized Users and that you are a duly authorized representative of the organization that is the owner of the Organizational Account. Trusty is entitled to rely on any instructions we deem appropriate in our discretion from the owner of the Organizational Account, including the assignment or reassignment of the Account Owner or other parties with administrative privileges over the Organizational Account. Each Authorized User must have their own Login Information, and use of a single individual Account by several end users shall be considered a material breach of these Terms, and CompanyCam reserves the right to terminate the Organizational Account for cause due to such breach.

Individual Accounts.

Individual Accounts for Service Professionals. As a Service Professional with an Individual Account, you are responsible for your own actions. If you choose to add any users, you will become an Organizational Account for purposes of these Terms. If you have accepted an invitation to join the Services by your organization, and your Account becomes linked to such Organizational Account, you acknowledge that the administrators of the Organizational Account to which you are linked may have access to all activity/data logged or generated in your Account. You further acknowledge that you have no individual rights in your Account if you are linked below an Organizational Account, and that the Organizational Account’s Account Owner may revoke your permission to access your Account or any Content (as hereinafter defined) of the Organizational Account as such Account Owner sees fit. Finally, you acknowledge that any and all Content you upload or otherwise supply to the Services shall become the property of your Organizational Account’s Account Owner immediately upon its acceptance by the Services, and you hereby assign all right, title, or interest in such Content to such Account Owner.

Individual Accounts for Homeowners. When you open an Individual Account on behalf of yourself as a homeowner (a “Homeowner Account”), you are responsible for your own actions. If you accept a Service Professional’s invitation to a Project or create a Project and invite a Service Professional to collaborate, you acknowledge that any Service Professional connected to the Project may have access to, and the ability to delete, any and all Content (as hereinafter defined) you upload or otherwise supply in connection with such Project.

Content. When you post content and information to the Site or in connection with the Services (“Content”), including photos or other information about the Projects you are undertaking, you represent and warrant to us that (i) you own or have the necessary rights to use and share the Content, (ii) the posting of the Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. Trusty does not claim ownership rights in your Content and nothing in these Terms will be deemed to restrict rights that you may have in any such Content submitted, posted, uploaded, or transmitted on or through the Site or Services by you. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to the Site or through the Services. You acknowledge and agree that we may, or an Account Owner with administrative rights over the Project may, in our sole discretion, remove Content at any time and for any reason, or for no reason at all.

You agree not to include any personally identifiable information about yourself or any other person in any Content except as expressly requested or required by Trusty as part of its account sign up process.

By posting or storing any Content in the Services, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such Content for any and all purposes and without further notice to you, attribution, and without the requirement of any permission or payment to you or any other person or entity, except as otherwise expressly provided herein. This license includes the right to create benchmarking or aggregated information or to train various computer models or algorithms for use in future products or services offered by the Company. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms.

Content-Sharing Platform. The Services include a content-sharing Platform whereby content-creating users (“Creators”) can create and share certain Content with other users subject to the sharing permission set by the Creator in the Platform. By sharing Content, you represent and warrant that you have all necessary permission to share the Content in its form. If the Content is a photograph, you represent that all personally identifiable information has been removed from the photograph. In addition, you acknowledge that the parties with whom you share any Content shall have the right to use such Content on the Platform and in connection with the Services. At times, entering project information into the Services and Platform may require sharing the personal information of third parties, such as the name and email address of clients. You agree that only such personal information as is necessary has been uploaded to the Services and Platform, and that you have permission from the subject to share their information with whoever has permission to see such personal information inside the Services. Except as otherwise described in the Service's Privacy Policy, as between you and us, any Content will be non-confidential and nonproprietary and we will not be liable for any use or disclosure of your Content.

Loss of Stored Content. Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service, and you agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Feedback. From time to time, you may be asked to provide feedback on the Services, whether by a survey or by giving a written testimonial (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If you choose to give such Feedback, you agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Feedback, and you hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect your privacy) or compensation to the you.

Paid Services. The Trusty Service shall be free for Homeowners, but in the future we may require some of the Services to be paid for on a recurring basis (“Subscription Services”). We have the right to change, delete, discontinue or impose conditions on paid Services (“Service Fees”) or any feature or aspect of a Subscription Service. Subscription Services may subject you to recurring fees and/or terms. Organizational Accounts and Service Professional Individual Accounts must also use the CompanyCam App and subscribe for the services offered thereunder. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). Current Service Fees and Subscription Fee rates (if any) can be found on the Site. Service Fees and Subscription Fees may be paid by credit card, debit card, or other payment forms we may permit. You may cancel a Subscription Service at any time. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. You are responsible for providing complete and accurate billing information. We may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.

Marketplace Payments. The Trusty Platform may include features to facilitate payments between Homeowners and Service Professionals (“Marketplace Payments”) through our payment processing partner Stripe (www.stripe.com), but Trusty is not a party to any such Marketplace Payments and does not handle funds on behalf of Homeowners or Service Professionals. Trusty reserves the right to limit or restrict access to Marketplace Payments for any user. Likewise, Trusty and/or Stripe may require any user of Marketplace Payments to undergo certain identity verification, credit worthiness, and other application or onboarding procedures in order to access the Marketplace Payments Services. Service Professionals or Homeowners who initiate payment requests or receive Marketplace Payments through our third party payment partner must agree to the Stripe Connected Account Agreement (https://stripe.com/legal/connect-account), which includes the Stripe Services Agreement (https://stripe.com/legal/ssa), as modified from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Trusty and Stripe with accurate and complete information about you and your business as applicable, and you authorize Trusty to share this information and transaction information related to your use of the payment processing services provided by Stripe.

If you use Marketplace Payments in the Trusty platform, you acknowledge and agree that Marketplace Payments must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. In addition, payments relating to the following activities are prohibited regardless of whether the activity is illegal in your location: (a) weapons, ammunition, or explosives; and (b) gambling, games of skill, lotteries, raffles, or fantasy sports. If illegal, illicit, or otherwise prohibited transactions are reported or discovered, we reserve the right to take action including without limitation the following, without notice to you: place a hold on your transactions; limit your ability to use payments features through the Trusty platform; report the activity to authorities; or deactivate your account entirely.

Disputes and Reversals.

  1. No liability for underlying transaction. If you enter into a transaction with a third party and have a dispute over the services you purchased, we have no liability for the services underlying the transaction. You agree to indemnify and hold harmless CompanyCam and its affiliates against any claims, disputes, damages or other losses that arise out of your use of Marketplace Payments.
  2. Fraud Warning. Marketplace Payments are at your sole risk, and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Use of Marketplace Payments to perform fraudulent transactions may result in the loss of funds with no recourse.
  3. Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
  4. Disputes between Homeowners and Service Professionals. Trusty values our Homeowners and Service Professionals, and we understand that occasionally disputes may arise between or among them. Homeowners and Service Professionals shall resolve such disputes independently. You acknowledge and agree that while Trusty may in its discretions attempt to facilitate a resolution between parties, Trusty is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party, and you release Trusty from any and all liability related to any dispute between you and any other user or third party accordingly.
  5. Refunds and Chargebacks. If a sender files a claim for a Chargeback (as defined below) after a Marketplace Payment, we are not responsible for determining the veracity of claims or the disposition of the payment. If we (i) issue a refund to a Homeowner that has purchased a service from a Service Professional or (ii) the purchase of such service is subject to a Chargeback (as defined in below) for which any dispute was unsuccessful, we will, in our sole discretion: (i) attempt recovery from the party that initiated the initial payment or (ii) immediately charge the Service Professional’s payment accounts on file with us for the relevant amount. You authorize us to charge your payment account on file in accordance with this Section. If you are a Service Professional, you expressly accept the risk of fraudulent transactions, refunds, and Chargebacks, and if you are a Homeowner you accept the risk that the Service Professional will not perform any requested services in the manner you desire, and in each cash you agree to indemnify and hold us harmless from and against costs we incur associated with such transactions.
  6. Service Professional: Customer Support; Refund Authorization. When a Homeowner purchases service from you, you are responsible for fulfilling the order pursuant to the conditions of these Terms and other terms and conditions set forth in applicable agreements between he Service Professional and Homeowner. The Service Professional is responsible for any and all customer support to a Homeowner related to the purchase of a service from Service Professional, and Service Professional agrees to provide such customer support in a responsible and responsive manner. Without limiting our rights to terminate your Account elsewhere in these Terms, you acknowledge and agree that we may terminate your Account if we believe that your customer support does not meet our expectations for Service Professionals. We may, in our sole discretion, offer refunds to Homeowners who have purchased a service from you that we reasonably believe you have not performed (although we are under no obligation to do so). If you are a Service Professional, you expressly authorize us to provide such refunds in accordance with Section Chargeback section below.
  7. Service Professional: Chargebacks. If a Homeowner contests the purchase of a service, citing fraud or any other reason, with a credit or debit card issuing bank or any other payment provider (in any event, a “Chargeback”), you agree to fully cooperate with us and our partners to dispute the Chargeback or take other action as we deem appropriate in our sole discretion.

DISCLAIMER: TRUSTY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM OR ANY INFORMATION OBTAINED OR PRESENTED IN THE SERVICE PROFESSIONAL PROFILES OR DISCLOSURES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL PROFILES IS ACCURATE, TIMELY OR ERROR FREE.

IP OWNERSHIP

Intellectual Property. The Site and the Services contain materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. Any items contained in the Site or the Services, including any documentation related to such items, including the photographs, project descriptions, contact information, source code and underlying technology thereof, belong in their entirety to CompanyCam or its third-party licensors.

Copyright. The Site and the Services, together with all information presented therein are protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or within the Services. You acknowledge that the Site and Services contain original works that have been developed, compiled, prepared, revised, selected, and arranged by CompanyCam and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and which constitute valuable intellectual property of Trusty and such others. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type, documentation, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to the Site and the Services, shall, as between you and CompanyCam, at all times be and remain the sole and exclusive property of CompanyCam.

Trademarks. The trademarks, logos, taglines, and service marks displayed on the Site and within the Services (collectively, the “Trademarks”) are registered and unregistered Trademarks of CompanyCam and others. The Trademarks may not generally be used in any advertising or publicity, or otherwise to indicate CompanyCam's sponsorship of or affiliation with any product, service, event, or organization without CompanyCam's prior express written permission. CompanyCam acknowledges the Trademarks of other organizations for their respective products or services mentioned on the Site. Any rights not expressly granted in these Terms are reserved by CompanyCam.

RESTRICTIONS ON USE OF THE SERVICES 

By using the Services, you specifically agree not to engage in any activity that, in our sole discretion:

  1. Is illegal, or violates any federal, state, or local law or regulation;
  2. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  3. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
  4. Interferes with any other party’s use and enjoyment of the Site;
  5. Attempts to impersonate another person or entity;
  6. Is commercial in a way that violates these Terms, including but not limited to, using the Site or the Services to engage in advertising or marketing the services of any service professionals without proper attribution to Trusty;
  7. Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site;
  8. Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site or the Services;
  9. Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  10. Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Site;
  11. Uses the Site for benchmarking, or to compile information for a product or service;
  12. Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site or the Services, by any means except as provided for in these Terms or with the prior written consent of Trusty;
  13. Violates any CompanyCam Acceptable Use Policy that may be now in effect or later modified or updated; or
  14. Attempts to do any of the foregoing.

Trusty reserves the right, in its sole discretion, to determine whether any use by you of the Site or the Services is in contravention of these Terms.

You may not frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You may link to the Site, provided that you acknowledge and agree that you will not link the Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Site effective immediately.

PRIVACY

Trusty Privacy Policy. You acknowledge that except as described in these Terms, the information you provide to us or that we collect will be used and protected as described in the CompanyCam Privacy Policy (“Privacy Policy”). Please read the Privacy Policy carefully.

WARRANTIES

Disclaimer. THE SITE, DOCUMENTATION, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITE, DOCUMENTATION, AND THE SERVICES SHALL BE AT YOUR SOLE RISK. TRUSTY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“TRUSTY PARTIES”): (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE SITE, DOCUMENTATION, OR THE SERVICES ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE SITE, DOCUMENTATION, OR SITE.

Third Party Services. We may provide, or third parties may provide, links to other third-party web sites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. TRUSTY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SITE OR POSTS OF USER CONTENT, OR FOR YOUR USE OF ANY THIRD-PARTY SERVICES. Your correspondence or business dealings with, or participation in promotions of, service professionals or other partners found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such service professional or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or links to third-party web sites or resources on the Site or within the Services.

LIABILITY

Indemnification. You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the Site and Services, (b) your violation of the rights of any third-party, including Homeowners or Service Professionals arranged through the Platform; and (c) your violation of these Terms or any applicable law or regulation, whether or not referenced herein.

Defense. Trusty retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations to us without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Limitations of Liability.

Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, TRUSTY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Liability Limitation. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS AND MARKETPLACE PAYMENTS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED $100.

GENERAL

Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Lancaster County, Nebraska. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Waiver of Jury Trial & Class Actions. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

Governing Law & Venue. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Nebraska, U.S.A., without reference to its choice of law rules to the contrary. For purposes of determining the governing law, you and Trusty agree that Trusty is the proponent of these Terms. Customer and Trusty submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Lancaster County, Nebraska.

Entire Agreement. These Terms constitute the entire agreement between you and Trusty with respect to the use of the Site and the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Trusty with respect to the Site and the Services; provided that Organizational Accounts shall also be subject to the CompanyCam App Terms of Use and to the extent of any conflict between these Terms and the CompanyCam App terms, the CompanyCam App terms shall prevail with respect to such matter. Any rights not expressly granted in these Terms are reserved by Trusty. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Trusty's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and any rights hereunder may not be transferred or assigned by you, but may be assigned by Trusty without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The headings contained in these Terms are for convenience of reference only and do not form a part of these Terms.

Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

How to Contact Us. If you have any questions about the Services or Terms, please contact hello@trusty.app.