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Trust Guard® Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE OR ITS SERVICES.

All users of this Trust Guard, LLC (DBA Trust Guard®) site and it's services agree that access to and use of this site or its services are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site or its services.

Trust Guard® currently only accepts websites written in English or sites that can be easily translated to English by Google translator or a similar service.

Note: Trust Guard does NOT accept the following types of sites,
or sites with the following types of content:

• Adult or adult themed (porn, soft porn, adult ad's, lingerie, adult images, adult humor).
• Cheap pharmaceuticals (cheap drugs, male/female enhancement)
• Recreational drugs (designer drugs, enhanced incense, hallucinogenics, etc.)
• Gambling, high yield or high risk investments, MLM member sites, hate, spam, link farms, etc.
• Get rich quick websites, Ponzi Schemes, Websites that promote unethical practices.

Trust Guard® is the sole judge of if a website is approved or rejected.

Copyright
The entire content included in this site and its services, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Trust Guard, LLC and Global Marketing Strategies, LLC. The collective work includes works that are licensed to Trust Guard®. Copyright 2006 - 2014, Trust Guard LLC, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Trust Guard® or purchasing Trust Guard® products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Trust Guard®. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Trust Guard® used in the site are trademarks or registered trademarks of Trust Guard LLC.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Trust Guard® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Trust Guard® does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Trust Guard® does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Trust Guard LLC, shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products. Trust Guard LLC, is a verification service, and as such, attempts to verify the information that Trust Guard LLC, receives using reasonable means. Trust Guard LLC, does not guarantee or warranty any information that they gather or use.

Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, Trust Guard® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Trust Guard® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Trust Guard® shall issue a credit to your credit card account in the amount of the incorrect price.

Seal Removal/Account Cancellation
Due to the nature of the services provided, Trust Guard® reserves the right to remove seals from any website and/or cancel any account for any reason at their discretion without prior notice or notification.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be updated or terminated by Trust Guard® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Multi-Year Agreements
If you sign up for multiple years in advance, you are in effect receiving a significant prepayment discount in good faith that you plan on remaining a member for the full amount of time you've paid for. However, if for some reason, you decide to prematurely cancel your account, any rights to receive a prepayment discount will be forfeit, and your refund amount will be determined based on the monthly rate for your particular service plan, multiplied by the total number of months of service used. In other words, you will be charged what you would have paid if you hadn't prepaid initially. Therefore, depending on how long you've had your account, you may or may not receive a refund.

Certified ASV Scanning
Our Certified ASV scanning partner is Clone Systems, Inc.

Notice
Trust Guard® may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Trust Guard®.

Affiliates
If you participate as a Trust Guard® Affiliate, you agree to be bound by this Terms of Use agreement. In addition, you agree to use any and all Trust Guard® affiliate related banners and text links in an ethical manner. You also agree that any affiliate text link information will be written to match the content and purpose of our site, and that you will not misrepresent the company or its products, services, or offerings in any way. You understand that Trust Guard® decides what is ethical and can at any time terminate your affiliate account if they feel that you are misrepresenting the company or unethically marketing your affiliate links. If Trust Guard® terminates your account, you will not be paid for any outstanding commissions.

Trust Guard® pays general affiliate commissions 2 levels deep (where permitted by law), on all affiliate sales generated by the Trust Guard® Affiliate Program in the following manner; Level 1 - 20%, Level 2 - 10%. All commissions are based on a 1 year cookie. The minimum payout is $50. All commissions are paid out after 60 days, in order to accommodate our 60 day money-back guarantee.

Page Views or Bandwidth Overage Fees
As of 10/01/11, Trust Guard® no longer charges any page view, bandwidth or impression overage fees, each seal that you purchase is now allotted unlimited page views. If you have been a member of Trust Guard® prior to this date and would like to take advantage of this, please contact Trust Guard® support.

Guarantees
Trust Guard® offers two no-risk guarantees.

1) Money Back Guarantee - All customers are entitled to receive a full, 100% money back guarantee on any Trust Guard® service, at any time within 60 days from their order date.

2) Double Your Money Back Guarantee - When you purchase any Trust Guard® Seal or Seal package, you are entitled to receive a 60 day, double your money back guarantee; if you run a split test and find that the results do not show an increase in conversions, provided that:
A) You run the split test using a reputable 3rd party split testing program of your choice and provide a copy of the results, and can show that the confidence interval is over 90% with a statistically significant minimum sample size.

B) You display the seals in areas as recommended by Trust Guard®:  • Security Seal placed on Home and internal pages above the fold, and on your Checkout page/s just below or near the checkout or order button.

 • Privacy Seal placed on the Privacy Policy page above the fold, and just below the Submit button on your opt-in form/s and on your Checkout page/s just below or near the checkout or order button.

 • Business Seal placed on the Contact Us page above the fold and on your Checkout page/s just below or near the checkout or order button. C) You complete the split test, keep detailed records, and send those reports to Trust Guard® (including which split test program was used) within the 60 day guarantee period.

Note: The 60 day double your money back guarantee applies specifically to any Seal or Seal package, and is based on 60 days worth of service, not the total amount initially paid. In other words, if you picked a monthly payment option you would receive a refund equal to double the amount of your first 2 payments. If however, you bought a yearly or multi-year Seal or Seal package, and qualified for the double your money back guarantee, you would receive a full refund of your initial purchase price, plus receive an additional payment amount equal to 60 days worth of service. This amount is determined using the following formula:

       additional payment amount = total price paid / # of years / 12 months x 2 months

If you run a split test in accordance with the guarantee requirements stated above, and it doesn't complete within 60 days, we will still give you a full refund for the entire length of the test, up to one year from the time of your order.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Trust Guard® products) shall be in the state or federal courts located in Weber County, Utah. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Trust Guard® products) must be commenced within one (1) year after the claim or cause of action arises. Trust Guard's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Trust Guard® may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Trust Guard® or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Trust Guard® does not and cannot review all communications and materials posted to or created by users accessing the site or using our services, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and display user-generated content hosted on the site, Trust Guard® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Trust Guard® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Trust Guard® in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Trust Guard LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your seals or account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

Third-Party Links
In an attempt to provide increased value to our visitors, Trust Guard® may link to sites operated by third parties. However, even if the third party is affiliated with Trust Guard®, Trust Guard® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Trust Guard®. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Trust Guard® seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Rev. Mar/30/2013, July/17/2013, Oct/30/2014 DRB