The following terms of use (the “Agreement”) govern your access to and use of TrustedProsTX.com (the “Site” as well as “we” or “us”). Either you or we may also be referred to herein as a “Party” and collectively as the “Parties”.
By accessing and using our Site and Services, you confirm that you are not a bot or automated system. If found to be a bot or automated system, we reserve all rights to pursue all remedies and monetary damages. Further, where monetary damages may not be an adequate remedy for any breach or threatened breach of these Terms of Use, we may seek immediate injunctive relief in addition to any other remedies available at law, without the need to prove actual damages.
You further confirm that you will submit true and accurate information.
This Agreement is intended to be the master agreement governing your use of the Site. Your use of the Site is conditioned on your agreement to the terms herein.
By using the Site, you represent, warrant, and covenant that: (a) you have reached the age of majority in the legal jurisdiction from which you are accessing the Site or that you have the permission of your legal guardian to access the Site; and (b) you have read and understand this Agreement.
You hereby expressly represent and warrant that you shall not: (A) breach this Agreement willfully or through gross negligence; (B) use our systems or services to circumvent or breach any law or regulation; (C) create derivatives of any of our intellectual property for any purposes other than those specifically permitted by us; (D) use any bot, spider, scraper, data miner, or automated agent to gain use of any information on the Site; (E) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from our systems, our services, or any of our property; (F) work around any of the technical limitations of our systems or enable features or functionalities that are otherwise disabled; or (G) perform or attempt to perform any actions that would interfere with the normal operation of our systems, our services, or any of our property.
We welcome any and all feedback. By submitting any such feedback to us, you agree that we may, but shall have no obligation to, exploit in any and every way such feedback, as we see fit for any and every purpose, without restriction or limitation of any kind, and you thereby grant to us an unlimited freely and fully transferable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to the feedback, with the right to sublicense each and every such right.
We maintain our systems, our services, and all of our intellectual property in accordance with commercially reasonable industry standards to preserve the integrity and security of all related intellectual property and user information from accidental loss and from unauthorized use or disclosure. We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information. Our services utilize the public Internet and third-party networks, and we bear no responsibility for the security of the Internet or any third-party networks.
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any company or other third party. Our platform facilitates introductions between residents and local professionals, but any engagement you enter with a professional is solely between you and that professional.
All information, materials, content and/or advice on the Site is for informational purposes only and is not intended to replace or substitute for any professional advice. We expressly disclaim, and you expressly release us from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services. We do not make any guarantees about the accuracy, currency, suitability, or quality of such third-party information, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties. You use any such third-party products and services at your own risk.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, or other information provided by you in any manner, including but not limited to e-mail or other written submissions (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission in all media formats and channels now known or later developed without compensation to you.
You acknowledge and agree that any claim or dispute with us, whether based on contract, tort, or any other legal theory, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
At least 30 days prior to initiating arbitration, you shall provide us with written notice of your intent to seek arbitration that briefly describes the nature of your claim and the relief you are seeking. The notice shall be submitted to: contact@trustedprostx.com
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.
All of the information included on the Site, including all software text, materials, graphics, logos, photographs, data, images, audio, page headers, buttons, and other icons, and the arrangement and compilation of this information, is our valuable property. Our associated logos, and all page headers, custom graphics, buttons, and other icons are our service marks, trademarks, or registered trademarks. Our content is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws. Nothing herein shall be construed as transferring or assigning any ownership rights to you.
Except for the warranties specifically and expressly made in this Agreement, we make no warranties, either express or limited, including warranties of merchantability or warranties of fitness, and all such warranties are disclaimed. Unless otherwise prohibited by law, our systems, our services, and our property are made available to you on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express, implied, or statutory.
Neither we nor our personnel or affiliates shall be liable for any lack of security which may be experienced. Unless otherwise prohibited by law, you expressly agree that you assume all responsibility for your use of our systems, our services, and our property. Under no circumstances shall we be liable to you for damages in an aggregate amount in excess of the fees paid to us by you under this Agreement in the six months prior to the date the first claim arose. Under no circumstances shall we be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to, loss of business, profits, revenues, data, goodwill, or reputation. Without limiting any of the foregoing, our full cumulative liability to you shall not exceed in the aggregate the amount of one US Dollar. The limitation of liability applies regardless of the legal theory on which the claim is based.
You agree to indemnify, defend, and hold us, our personnel, and affiliates harmless from and against any and all claims, demands, liabilities, costs, losses, expenses, tax assessments, penalties, interest, and damages including reasonable attorney’s fees and expenses arising out of or relating to: (a) your breach of this Agreement; (b) your access to or use of the Site; (c) any actual or alleged breach of any representation, warranty, or obligation made herein; or (d) your willful or negligent act or omission.
The Parties agree that this Agreement, performance under this Agreement, and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law. The Parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state or federal courts in and for the Western District of Texas, and each party hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received when transmitted to: contact@trustedprostx.com
We may modify, alter, or otherwise update this Agreement at any time. Your continued use of the Site shall constitute your agreement to such changes.
This Agreement contains the sole and entire agreement between the Parties regarding the subject matter herein and supersedes any and all other agreements between the Parties regarding the subject matter herein, unless otherwise agreed by the Parties in writing.
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