TrustedSite Program Membership Terms
Membership Agreement
BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY TRUSTEDSITE (THE "SERVICE;"),
OR BY ELECTRONICALLY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE
REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE MEMBERSHIP
TERMS (THE "TERMS" OR "MEMBERSHIP TERMS" ) AND TRUSTEDSITE'S
WEBSITE TERMS OF USE.
ENTIRE AGREEMENT
You acknowledge that these Terms constitute the entire agreement between you
and TrustedSite. You agree that these terms supersede any prior agreements or
statements made verbally or in writing.
APPLICABILITY OF THESE MEMBERSHIP TERMS; AMENDMENT TO THESE MEMBERSHIP TERMS
These Membership Terms sets forth the terms and conditions that apply to your
membership to the TrustedSite Seal of Assurance Program and use of www.trustedbusinesslist.com.
TrustedSite may amend or revise these Membership Terms at any time. By using
this site, you agree to be bound by the Membership Terms as in effect from time
to time. Please review the Membership Terms regularly. Your continued access
and use of www.trustedbusinesslist.com following the posting of any such changes shall
automatically be deemed your acceptance of the same.
TERM AND TERMINATION
You agree that this agreement shall remain in effect for as long as you subscribe
to, renew, or use the Services. You agree that this agreement can only be terminated
by you once you have stopped using the Services and have paid all monies owed
to TrustedSite. You agree that TrustedSite can terminate this agreement at any
time for any reason, with or without cause, if it has reason to believe that
you are violating the Terms in any way, or when the Service is permanently discontinued
for any reason. Re-subscription shall again be subject to these or modified Terms
in effect at the time of re-subscription.
Business Ethics
Applicant agrees to conduct its on-line business in accordance with TrustedSite's
business code of conduct known as Business Ethics, as amended from time to time.
Applicant acknowledges the right of TrustedSite to revise and enhance the Business
Ethics guidelines when it believes such amendments are in the best interest of
the Internet community. TrustedSite shall inform applicant of any such changes.
The TrustedSite Certification Seal
Applicant agrees to display the TrustedSite certification seal prominently on
its website. Applicant acknowledges that it holds a limited license to use the
seal only for the duration imprinted thereon, and only for the URL registered
with TrustedSite. The seal may be duplicated as many times as desired within
the Applicant's website, but may not be utilized for other businesses not registered
with TrustedSite. Applicant agrees not to modify or alter the seal in any way.
Upon expiration of the current certification seal, Applicant agrees to promptly
renew its TrustedSite membership, or remove the outdated seal from its website.
The Membership Directory
Applicant acknowledges that certain information will be published pertaining
to Applicant's business including self-reported data, and information collected
from consumers and other sources. Applicant agrees to report all data accurately
and truthfully, and to periodically update the information on file with TrustedSite
to ensure that the most current information is reported to consumers. Applicant
acknowledges that TrustedSite will publish pertinent information regarding Applicant's
complaint history in its searchable on-line database. TrustedSite warrants that
it will not publish any derogatory information about Applicant without first
having provided Applicant with the opportunity to respond.
Disclosure
Applicant agrees to disclose basic features and benefits of a product, service
or contract in language that is easily understood by the consumer. In addition,
applicant agrees to disclose pertinent contact information for the company as
well as the terms, conditions, financial and contractual obligations applicable
to a transaction. Applicant will disclose the availability of goods and services,
timing of billing, and realistic shipping expectations to the best of its ability.
In addition, applicant will provide a means for the consumer to review such obligations
before the purchase is complete.
REGISTRATION AND PAYMENT FOR THE SERVICE
a. ACCOUNTS and ACCOUNT HOLDERS:
These Membership Terms are made as of this day, by and between the TrustedSite
, a Georgia corporation ("TrustedSite"), and the you ("Applicant").
You agree to provide truthful and accurate account information for purposes of
registration to use the Service and creation of an TrustedSite Member.
b. PASSWORD AND SECURITY
An Applicant must select the login names for their company profile. The Applicant
is solely responsible for all activity of under the login name of its TrustedSite
account. Confidentiality of the passwords and login names is the sole responsibility
of the Applicant. The Applicant agrees to immediately notify TrustedSite if the
security of his/her account is compromised.
You acknowledge and agree TrustedSite is not liable for any damages resulting
from a any other parties use of access of account holders account regardless
of whether other parties use or access is with or without the Applicant's knowledge
or consent.
c. PAYMENT
Payment shall be made (1) in accordance with TrustedSite' service fees to be
mutually agreed by Applicant and TrustedSite and (2) in accordance with a payment
schedule to be mutually agreed by Applicant and TrustedSite. For questions about
payment and billing, please contact
. The Applicant's account will automatically renew on a yearly basis, unless
either party suspends or terminates the account in advance of the monthly renewal
date.
d. CHANGE OF FEES
TrustedSite may change fees at any time upon notice to Applicant. For existing
Applicants, the change will take effect on the next renewal cycle after notice
is given to the Applicant.
e. TERMINATION OR SUSPENSION OF ACCOUNT
TrustedSite may choose to discontinue or suspend an Account at any time, without
cause or prior notice. Upon termination, the Applicant will be responsible for
current charges up to and including the day of termination, including outstanding
balances and late fees.
Severability
You agree that if any term in this agreement is deemed to be invalid, unlawful
or unenforceable for any reason, all other terms shall remain in force.
Confidentiality
You will, by using the services or by contact with TrustedSite employees come
into contact with confidential information. Information including, but not limited
to, trade secrets, methods, details about product or service feature, enhancement,
or release plans, and business or marketing plans ("Confidential Information")
is considered to be proprietary and confidential. You agree to hold Confidential
Information in strict confidence and take reasonable measures to keep it secure.
You agree to abide by these terms for one year after you stop using the Services.
Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays,
failures to perform, damages, losses or destruction, or malfunction of any equipment,
or any consequence thereof caused or occasioned by, or due to fire, flood, water,
earthquake, the elements, acts of God, war and threat of imminent war, terrorism,
labor disputes or shortages, utility curtailments, power failures, explosions,
civil disturbances, governmental actions, shortages of equipment for supplies,
unavailability of transportation, acts or omissions of third parties, or any
other cause beyond the either parties' reasonable control. The party so delayed
or prevented from performing shall exercise good faith efforts to remedy any
such cause of delay or cause preventing performance.
Limitations on Liability; Disclaimer
TrustedSite SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD
PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY
LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR
BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.
Warranty and Disclaimer.
The TrustedSite Mark(s) is licensed "AS IS" with no warranty of any
kind. TrustedSite disclaims all express and implied warranties, including the
implied warranties of merchantability, fitness for a particular use and non-infringement.
Indemnification by TrustedSite Applicant.
Applicant will defend, indemnify and hold TrustedSite, and its officers, directors,
employees and representatives, harmless from and against any liability, damages,
costs and expenses, including without limitation reasonable attorneys' fees,
in connection with any third party claims against TrustedSite, its officers,
directors, employees or representatives, arising from or relating to the services,
Applicant's use of the TrustedSite Mark(s) (except for claims that the TrustedSite
Mark(s) or use of the TrustedSite Mark(s) infringes any trademark, service mark
or certification mark rights of third parties) or Applicant's failure to maintain
the privacy or security of any data or other information; provided that TrustedSite
(i) provides prompt written notice of any such claim, action or demand; (ii)
provides Applicant, at Applicant's request, with reasonable assistance in the
defense of such claim, action or demand, so long as Applicant reimburses TrustedSite
for TrustedSite's reasonable out-of-pocket expenses associated therewith; and
(iii) Applicant may not settle a claim in a manner that causes TrustedSite to
incur unindemnified liability, take action, or suffer other injury, without TrustedSite's
written consent, which consent shall not unreasonably be withheld.
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