TrustedLogin

The best way for customers to share credentials.

TrustedLogin Subscriber Terms

Last Modified: August 21, 2019

Your Acceptance

Welcome to the TrustedLogin Subscriber Terms. This is an agreement (“Agreement”) between Katz Web Services, Inc. (“TrustedLogin”), the owner and operator of www.trustedlogin.com and the TrustedLogin website, software, plugins, API, downloadable applications, components, and the TrustedLogin Services (defined below) offered (collectively the “Platform”) and you (“you”, “your”, “User”, or “Subscriber”), a Subscriber or User to the Platform. Throughout this Agreement, the words “TrustedLogin,”  “us,”  “we,” and “our,” refer to our company, TrustedLogin, as is appropriate in the context of the use of the words.  

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Use or the Privacy Policy and may notify you when we do so.  PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately. 

Registering for an Account

Users may be required to register before accessing portions of the Platform.  Additionally, Users may be required to purchase a subscription where required and such Users shall be subject to additional Subscriber terms. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account or the accounts of your Authorized Users (defined below). You agree to notify TrustedLogin immediately of any unauthorized use of your account or any other breach of security. TrustedLogin will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. 

Access to the Platform

After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for TrustedLogin.   Where you download software to use the Platform, we grant you a limited, fully revocable, non-exclusive license to download one copy of the software per instance for internal business purposes only.  The license granted is solely for you to access and use our Platform and to access and use any services and share access to the Platform with any Authorized Users. If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your license or access does not act as a waiver of your conduct.

Public License and WordPress

Portions of the TrustedLogin Services are licensed under the GNU general public license  (“GPL”). While all of the WordPress-interactive code for the TrustedLogin Services is licensed under the GPL, all other code contained within the TrustedLogin Services is proprietary to TrustedLogin. You agree to abide by our license when using the TrustedLogin Services and also to abide by any additional terms required by the GPL.  You agree that you will not attempt to modify, enhance or change the TrustedLogin Services in any way.

WordPress may update its software from time to time.  When this occurs, the TrustedLogin Services may cease to be compatible, may have vulnerabilities, may require updates, or might experience other issues should you choose to accept such updates.  You agree that when WordPress updates its software, you will either cease using the TrustedLogin Services unless we declare the TrustedLogin Services will be compatible with the new WordPress version, decline to accept the WordPress software update, or update your version of WordPress software and continue using the TrustedLogin Services but do so at your own risk.  Nothing within this Agreement obligates us to update any of the TrustedLogin Services to be compatible with any WordPress builds.

Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, and all related software components are proprietary to TrustedLogin and/or TrustedLogin’ licensors and that TrustedLogin and/or its licensors retains exclusive ownership of the Platform, the TrustedLogin Services, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by TrustedLogin.  You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by TrustedLogin to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by TrustedLogin.

Platform and Services 

The TrustedLogin Platform allows Subscribers to provide access to Subscriber’s websites via login tools for a Subscriber’s vendors, support staff, and third party service providers (“TrustedLogin Services”). Please be aware that any TrustedLogin Services are offered without warranty and are “as-is” and “as-available.” Additionally any information or content found on our Platform, including any notifications or tools provided, are offered only for informational purposes only.   TrustedLogin has no liability to you for any content including but not limited to your Subscriber Content (defined below), information, copy, images, URL names, and anything else provided by any third parties using the Platform. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you; inability to access to the Platform; failure of a communications satellite, strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform. 

Authorized Users

Through the Platform you will be able to grant access to any Subscriber Content (defined below) owned or controlled by you to third parties.  Such third parties shall be referred to as “Authorized Users”.  You are responsible for all of your Authorized Users interactions with the TrustedLogin Services and are solely responsible for maintaining access controls and access restrictions for your Authorized Users.  You release TrustedLogin from any liability related to any activities involving your Authorized Users, the Subscriber Content, or any interactions between Authorized Users and you.

Subscribers and Authorized Users

Any contracts entered into between an Authorized User and Subscriber are solely between the parties.  TrustedLogin may not be obligated and is not a party to any contract that you enter into with any Authorized User. SUBSCRIBER AGREES TO HOLD TRUSTEDLOGIN FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY SUBSCRIBER CONTENT. TRUSTEDLOGIN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY AUTHORIZED USER OR SUBSCRIBER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR AUTHORIZED USERS.

Your Responsibilities

You shall be exclusively responsible for your use and the use of your Authorized Users, of the Platform.  In order for our Platform to function properly, you may be required to provide access to your own Subscriber Content.  We are not responsible for the Subscriber Content including but not limited to hosting websites, monitoring access permissions, providing equipment or any services excluding the TrustedLogin Services, or maintaining any access controls that you have selected.  Additionally, you represent and warrant that: (i) you shall use the Platform solely for your internal commercial purposes; (ii) you are duly authorized and have the power and authority to enter into this Agreement; (iii) you shall comply with all United States federal and state laws when using the Platform; and (iv) you shall use the Platform only for legal and lawful purposes.

Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

  • You way not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
  • You may not use automated bots or other software to send more messages through our Platform than humanly possible;
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • You may not use the Platform to transmit, or attempt to transmit, any virus, Trojan horse, worm, logic bomb, corrupted data, or any other material that is malicious or technologically harmful;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not attempt to interfere with, disrupt, or create an undue burden on the Platform or any other user’s use of the Platform;
  • You may not use the Platform to transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, profane, or otherwise objectionable;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform in an unlawful manner;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
  • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
  • You may not violate any requirements, procedures, policies or regulations of networks connected to TrustedLogin;
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
  • You may not interfere with or disrupt the Platform;
  • You may not violate any law or regulation and you solely are responsible for such violations;
  • You agree that you will not hold TrustedLogin responsible for your use of our Platform; and
  • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but TrustedLogin reserves the right to suspend or terminate any account at any time without notice or explanation. 

Subscriber Content

Your ability to (1) allow access to any website or applications including any data, code, written content, images, videos, or any other information contained within the website or application; or (2) transmit any information through the Platform, including but not limited to data, code, written content, images, videos, or any other information will be referred to as “Subscriber Content” throughout this Agreement. Please be aware that we are not required to host, provide access to, display, migrate, or distribute any of your Subscriber Content and we may refuse to accept, provide access to, or transmit any Subscriber Content.   You agree that you are solely responsible for any Subscriber Content and you release us from any liability associated with any Subscriber Content submitted.  We may provide industry standard security but we cannot guarantee the absolute safety and security of any such Subscriber Content.  Any Subscriber Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. 

When submitting or allowing access to any Subscriber Content you represent and warrant that you own all rights to the Subscriber Content, you have paid any fees to use or license the Subscriber Content, or you otherwise have the permission and right to use any Subscriber Content. Furthermore, you represent and warrant that all Subscriber Content is legal and the Subscriber Content does not interfere with any third party rights or obligations.

When you submit any Subscriber Content to us, you grant TrustedLogin, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your Subscriber Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement.  Subscriber Content will not be shared with any third parties except with permitted Authorized Users or as required to provide the TrustedLogin Services.  Additionally, you grant to TrustedLogin a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any Subscriber Content.

Monitoring Subscriber Content

TrustedLogin shall have the right, but not the obligation, to monitor all Subscriber Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, TrustedLogin shall have the right, but not the obligation, to remove or disable access to any Subscriber Content at its sole discretion.

Usage Information

Through the Platform we may collect your usage data and interactions with the Platform.  This information will be used by TrustedLogin to determine how you use our Platform and how we can improve or modify our Platform.   The information collected may be used and disseminated per our Privacy Policy.

Platform Security

TrustedLogin implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information located within the Platform. Those safeguards used or based on industry standards.  Aside from such industry standard safeguards, TrustedLogin can make no guarantees regarding any Platform security.

Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform may not always be either 100% reliable or available.  Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.  

Modification of Platform 

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the TrustedLogin Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

Intellectual Property

The name “TrustedLogin” along with the design of the TrustedLogin Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to TrustedLogin, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. TrustedLogin reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.

Idea Submission

TrustedLogin or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to TrustedLogin. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TrustedLogin’ products might seem similar to ideas you submitted to TrustedLogin. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of TrustedLogin, without any compensation to you; (2) TrustedLogin may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for TrustedLogin to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TRUSTEDLOGIN, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY TRUSTEDLOGIN SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TRUSTEDLOGIN, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. TRUSTEDLOGIN DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TRUSTEDLOGIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. TRUSTEDLOGIN DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TRUSTEDLOGIN SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. 

Limitation of Liability

IN NO EVENT SHALL TRUSTEDLOGIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TRUSTEDLOGIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR ANY NEW JERSEY RESIDENTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY TRUSTEDLOGIN’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.

Indemnity

You agree to defend, indemnify and hold harmless TrustedLogin, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: 

  • your use of and access to the TrustedLogin Platform;
  • your Authorized User’s access to the TrustedLogin Platform;
  • your violation of any term of this Agreement; or
  • your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the TrustedLogin Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

You must sign this notification and send it to our Copyright Agent: Copyright Agent of TrustedLogin – [email protected] or via mail – Copyright Agent of TrustedLogin, 253 Shutesbury Road, Leverett, MA 01054.

Counter Notice

In the event that you receive a notification from TrustedLogin stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

Choice of Law

This Agreement shall be governed by the laws in force in the state of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the state of Massachusetts.

Disputes

Any dispute relating in any way to your use of the Platform or this Agreement shall be submitted to confidential arbitration in Springfield, MA. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (New Jersey Users are exempted from the foregoing one (1) year limitation).   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Hampden County, MA.

Opt-Out

You may opt-out of this dispute resolution provision by notifying TrustedLogin within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Katz Web Services, Inc., 253 Shutesbury Road, Leverett, MA 01054, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with TrustedLogin through arbitration.  Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Hampden County, MA.

Class Action Waiver

You and TrustedLogin agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.  

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with TrustedLogin are deemed to conflict with each other’s operation, TrustedLogin shall have the sole right to elect which provision remains in force.  

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.

Termination

You may cancel your access to the Platform or any recurring payments at any time via your TrustedLogin dashboard or contacting us at [email protected]. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may be become immediately disabled and any Subscriber Content may become immediately inaccessible.  We may terminate this Agreement, your subscription, and your use of our Platform, at our discretion or if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm TrustedLogin, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  

Entire Agreement

This Agreement along with the Privacy Policy and any other supporting agreements provided by TrustedLogin constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement conflicts with the Authorized User Agreement, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.

Third Party Terms

You may be able to download and use the Platform via a third party platform such as WordPress.  Please be aware that you may be required to agree to the WordPress User Agreement prior to using our Platform.  You agree to abide by the WordPress User Agreement and will not violate any terms of the WordPress User Agreement while using or accessing our Platform.  Where such User Agreement conflicts with this Agreement, this Agreement shall supersede and control.

Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform. 

Electronic Communications

The communications between you and TrustedLogin use electronic means, whether you visit the Platform or send TrustedLogin e-mails, or whether TrustedLogin posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from TrustedLogin in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that TrustedLogin provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

Export Controls

The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

Platform Issues 

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at [email protected]

California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about TrustedLogin must be sent to our agent for notice to: [email protected] or TrustedLogin, 253 Shutesbury Road, Leverett, MA 01054

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Additional Terms for Subscribers

In order to access additional Platform functionality, Users may be required to purchase a subscription.  Such Users shall be referred to as “Subscribers”.  Subscribers are subject to all User terms and the additional terms as stated in Sections 38-45.   Subscribers shall have access to additional features offered by our Platform; however, any such features are subject to modification and availability as stated within Section 16 and 17 of this Agreement.  We reserve the right to discontinue our subscription services at any time or to reject any current or prospective Subscribers at our discretion.

Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing any subscription to the Platform or for any additional purchases. Where you have properly paid for a subscription we shall grant you access the TrustedLogin Services offered in accordance with Section 3 of this Agreement. Subscriber authorizes TrustedLogin or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors’ terms and conditions for processing payments. All prices are listed in US Dollars.  All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, TrustedLogin may suspend or terminate your access to the paid portions of the Platform, without liability to us.

Taxes

Where TrustedLogin does not charge you taxes for any purchases or payments, you agree to pay any and all applicable taxes. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.

Free Trials

You may be able to participate in a free trial subscription by submitting your information along with your payment information.   Feel free to try the paid subscription portions of the Platform during the free trial period listed in your account.  You may cancel at any time during your free trial period.  Once your free trial period has expired, as stated within your account, you shall be charged the amount listed for the subscription plan that you have selected.  Please be aware that we have no obligation to offer any free trials and may terminate our free trial program at our discretion.

Subscription Plans and Renewals

In order to access certain functionality within the Platform, you may be required to purchase a subscription.  Where you purchase a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, TRUSTEDLOGIN MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.  

Pricing and Price Increases

The pricing for all paid subscriptions is listed on the TrustedLogin Platform or within your account.  Please be aware that based on the number of Authorized Users or the amount of Subscriber Content accessed your subscription pricing may increase or decrease. Additionally, TrustedLogin may increase the price of any paid subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, TrustedLogin shall notify you and you will have the chance to accept or reject any price increase before the paid subscription renewal.  Please notify us if you intend to reject a price increase.  Where you have rejected a price increase, upon the expiration of your paid subscription, portions of the Platform may become immediately unavailable. You agree that TrustedLogin has no obligation to offer any services for the price originally offered to you at sign up.

Refunds

We want you to be satisfied with the TrustedLogin Services, which are offered on a month-to-month subscription basis.  However, as we offer free trials no refunds will be permitted after the start of your paid subscription. If you have any questions regarding the subscription or our policies, please contact us.

Termination of Your Subscription

As a Subscriber if you wish to terminate your subscription to any paid services, you may do so at any time via your account dashboard or by contacting us at [email protected].