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 its 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 into English by Google Translate or a similar service.
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 whether or not a website is approved or rejected.
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 law 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.
All trademarks, service marks and trade names of Trust Guard® used on the site are trademarks or registered trademarks of Trust Guard, LLC.
During the beta phase all materials, content, and products on our 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.
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.
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 has been charged. If your credit card has already been charged for the purchase and your order is cancelled, 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.
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.
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.
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®.
Trust Guard® pays general affiliate commissions two 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 one-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.
All payments to affiliates are made through PayPal, so you must have a PayPal e-mail address on file. We will try contacting you by e-mail when you receive a commission. However, if you fail to provide a PayPal e-mail and we cannot get a hold of you for a full year, you will forfeit any funds due, and we will stop sending e-mail notices.
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.
Trust Guard® offers two no-risk guarantees:
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 third-party split testing program of your choice, provide a copy of the results, and can show that the confidence interval is over 90% with a statistically significant minimum sample size, and;
B) You display the seals in areas as recommended by Trust Guard®:
• Security Seal should be placed on Home and internal pages above the fold and on your Checkout page/s just below or near the checkout or order button.
• The Business Seal should be 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) And 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 two 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 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.
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 to the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Trust Guard® does not and cannot review all communications and materials posted to or created by users accessing the site or using our services, Trust Guard® 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 content 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 any other intellectual property right of another party, or (d) offensive or otherwise unacceptable to Trust Guard® in its sole discretion.
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.
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, May/12/2015 DRB