The following Terms of Service (“Terms of Service”,“Terms”, or “TOS”) govern the use by any individual or entity (“User”) of the software and services provided by CurvGroup, LLC (“Vendor”) through www.TrustASeller.com (the “Site”) (collectively, “the Service”). By registering to use and by using the Services, each User agrees to be bound by the following Terms of Service.The TOS may be updated by Vendor from time to time without notice and the most current version of the TOS can be viewed at any time at: www.TrustASeller.com/Terms.
BEFORE ACCESSING THE SITE AND/OR PLACING AN ORDER FOR SERVICES FROM VENDOR, USER MUST AFFIRM THAT: (I) USER IS OF LEGAL AGE TO ENTER INTO THIS AGREEMENT; (II) USER HAS REVIEWED THESE TERMS OF SERVICE; AND (III) USER ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS OF SERVICES BY CLICKING ON THE “I ACCEPT” BUTTON BELOW. IF USER IS PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, USER AFFIRMS THAT USER HAS THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
USER MAY NOT ORDER OR OBTAIN SERVICES FROM VENDOR AND/OR ACCESS THE SITE IF USER: (A) DOES NOT AGREE TO BE BOUND BY THESE TERMS, (B) IS NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH VENDOR, AND/OR (C) IS PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S SERVICES BY APPLICABLE LAW.
User understands and agrees that theService is provided “as is” and that Vendor assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to provide any responsive information or to store any user content. User is responsible for obtaining access to the Service, which access may involve third-party fees (such as internet service provider charges). User is responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, User must provide and is responsible for all equipment necessary to access the Site.
Unless otherwise specifically agreed herein, User may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without Vendor's prior written consent. User may not access the Service if User is a direct competitor of Vendor, unless User obtains Vendor's prior written consent.
Vendor reserves the right to amend or modify these Terms of Service at any time.Vendor shall post the amendments or modifications on the Site and such other places as Vendor, in its sole discretion, deems appropriate.
User shall provide Vendor with User’s full legal name and any other information reasonably requested by Vendor in order to provide the Services and charge User for such (“Registration Data”).Each User agrees to: (a) review the Registration Data provided by the User and verify that the information provided is true, accurate, current, and complete information; and (b) maintain and update the Registration Data to keep it true, accurate, current and complete. If any User provides any information that is untrue, inaccurate, not current, or incomplete, or Vendor has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Vendor has the right to suspend or terminate User’s account and refuse any and all current or future use of the Service (or any portion thereof).
Each User will be provided a unique identifier to access and review the results of the Service ordered by User (“ResultLink”). The ResultLink shall only be used by the User to whom it is assigned, and shall not be shared with, or used by any other person, including other Users. Each ResultLink shall remain active for period of thirty(30) days following provision of such to User. Each User is responsible for maintaining the confidentiality of the ResultLink and is fully responsible for all activities that occur related to such ResultLink. User agrees to immediately notify Vendor of any unauthorized use of User’s ResultLink or any other breach of security.
User may only use this Site for lawful purposes and in accordance with these Terms. Any use of this Site or the products not expressly permitted by these Terms is a breach of theseTerms and may violate copyright, trademark and other laws. User agrees not to use this Site in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. Vendor reserve the right to take appropriate legal action for any illegal or unauthorized use of the Site or any of the Services and to terminate or suspend User’s access to the Site or ability to place orders through the Site or from Vendor for any reason or no reason including any violation of these Terms. Vendor cannot and will not be liable for any loss or damage arising from User’s failure to comply with the TOS, including, without limitation, this Section 3. User agrees that Vendor may terminate User’s account and access to the Site at any time and for any reason. All access to and use of the Service via mechanical, programmatic, robotic, scripted, or any other automated means not provided as part of the Service is strictly prohibited.
User acknowledges that if a User’s account is terminated all related order(s) for Services submitted by User toVendor, which are unfulfilled at the time of termination, shall be terminated and all previously provided ResultLinks shall become immediately inactive.
User agree that User’s order is an offer to buy, under these Terms, the Services listed in User’s order. All orders must be accepted and confirmed by Vendor or Vendor will not be obligated to provide the Services to User. Upon receipt of User’s order, Vendor shall review its’ systems to confirm that information is available within such which allows Vendor to provide user the Services. Upon confirmation of the availability of the required information, Vendor shall notify User of such via electronic correspondence and request that Vendor pay for the Services. If no information is available, Vendor shall notify User of such via electronic correspondence. Upon receipt of payment (in accordance with Section 5 below) Vendor will provideUser with User’s ResultLink. Vendor reserve the right, at Vendor’s sole discretion, to not accept or to cancel any order should Vendor have a reasonable suspicion or belief that: (i) Vendor will be unable to provide theServices; or (ii) the order (or part thereof) or the intended recipient will violate any of these Terms or would not be in line with the intended use of the Services.Such cancellation or non-acceptance may occur despite Vendor’s having sent User a confirmation email with User’s order number and details of the items User ordered.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for the Services will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and related charges will be added to User’s total, and will be itemized in User’s shopping cart and in User’s order confirmation email. Vendor strive to display accurate price information, however Vendor may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Vendor reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Vendor may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within Vendor’s sole discretion and, unless otherwise agreed by Vendor in writing, Vendor must receive payment before Vendor provides User with an email containing User’s ResultLink. Vendor accept Visa, Mastercard, American Express, Discover, and Paypal for all purchases. User represent and warrant that: (i) the payment information User supply to Vendor is true, correct and complete; (ii) User is duly authorized to use such payment method for the purchase of the Services; (iii) charges incurred by User will be honored by User’s financial institution; and (iv) User will pay charges incurred by User at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of User’s order.
Within a period of seventy-two (72) hours after receiving of User’s payment. Vendor will send User electronic correspondence using the Registration Data provided by User containing User’s ResultLink; such ResultLink will allow User access and review the results of the Service ordered by User and will remain active for a period of thirty (30) days.
VENDOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM VENDOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
THE REMEDIES DESCRIBED BELOW ARE USER’S SOLE AND EXCLUSIVE REMEDIES AND VENDORS ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. VENDOR’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY USER FOR THE SERVICES THAT USER PURCHASED THROUGH THE SITE, NOR WILL VENDOR UNDER ANY CIRCUMSTANCES BE LIABLE TO USER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT VENDOR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
VENDOR’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS AND SERVICES USER HAVE ORDERED THROUGH VENDOR’S SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (a) liability resulting from Vendor’s gross negligence or willful misconduct and (b) death or bodily injury resulting from Vendor’s acts or omissions.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Vendor’s Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Site. Vendor do not knowingly collect personal information from children under 13. If User are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, or provide any information about yourself to us, including User’s name, address, telephone number, email address, or any screen name or user name User may use. If Vendor learn Vendor have collected or received personal information from a child under 13 without verification of parental consent, Vendor will delete that information. If User believe Vendor might have any information from or about a child under 13, please contact Vendor at firstname.lastname@example.org.
Recognizing the global nature of the Internet, User agrees to comply with any and all applicable local, state, national, or international laws and regulations regarding online conduct and use of the Service. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which User may reside.
User agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless User otherwise has an agreement with Vendor which specifically grants User such right(s).
Vendor reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. User agrees that Vendor shall not be liable to User or to any third party for any modification, suspension, or discontinuance of the Service. Continued use of the Service following any modification constitutes User’s acceptance of the modification.
User understands and agrees that the Site or the Service may include references and/or links to third party companies and their websites. User’s correspondence or business dealings with, or participation in promotions of, these third party companies, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and the third party company. User agrees that Vendor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with such third party companies.
The Service may provide, or third parties may provide, links to other websites or resources. Because Vendor has no control over such sites and resources, User acknowledges and agrees that Vendor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User further acknowledge and agree that Vendor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, NEW JERSEY), MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES). ACCORDINGLY, SOME OF THE PROVISIONS CONTAINED HEREIN (INCLUDING THE LIMITATIONS CONTAINED IN SECTIONS 6 AND 7) MAY NOT APPLY TO USER. IF USER IS UNSURE WHETHER SUCH EXCLUSIONS AND LIMITATIONS APPLY, VENDOR ENCOURAGES USER TO SEEK LEGAL COUNSEL IN USER’S JURISDICTION.
User may not use or otherwise access, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which Vendor was obtained. In particular, but without limitation, the Service may not be accessed by or exported or re-exported (a) into (or by/to a national or resident of) any U.S. embargoed countries (currently Iran, North Korea, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or Unverified List or Blocked Persons List or Debarred List on Nonproliferation Sanctions List. By using the Service, User represent and warrant that User is not located in, under control of, or a national or resident of any such country or on any such list.
User acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. This Site and its entire contents, features and functionality (including but not limited to all information, text, displays, images and the design, selection and arrangement thereof) are owned by Vendor or other providers of such materials and are protected by United States and international copy right, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
16.1. User acknowledge and agree that Vendor is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. User do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
16.2. User are not allowed to reproduce, distribute, modify, create derivative works of, publicly display, republish, store or transmit any of the information or material on the Site or ResultLink except as follows: (i) User may store files that are automatically cached by User’s web browser for display enhancement purposes; and (ii) User may print (or download) a copy of User’s order confirmation information or ResultLink information for User’s own personal, non-commercial use and not for further reproduction, publication or distribution. Except as expressly authorized by Vendor or advertisers, User agrees not to: (a) reproduce, duplicate, copy, resell, or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements; (b) modify, rent, lease, loan, sell, resell, distribute, or create derivative works based on the Service or the Software, in whole or in part; and/or (c) modify, reverse engineer, adapt, or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Vendor, or any other software or service provided by Vendor , without express written permission from Vendor.
Vendor will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Vendor’s performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Vendor’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Vendor’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
These Terms of Service constitutes the terms and conditions of the access and use of the Services and Software by User. Except to the extent required by applicable law, (a) the Terms of Service and the relationship between User and Vendor shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions, and (b) User agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, State of Illinois regardless of User’s world-wide physical location, or the jurisdiction in which User purchased or accessed the Service. The failure of Vendor to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
User acknowledges and agrees that Vendor may use third party Vendor and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. User acknowledges that a risk exists that the information stored and transmitted electronically through the Service may be intercepted by third parties. User agrees to accept that risk and will not hold Vendor liable for any loss, damage, or injury resulting from the interception of information.