Terms of Use

These Terms are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms from time to time without notice to you other than updating these Terms on the Site. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. However, for any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modifications, or (ii) 30 days following publication of such modified Terms on the Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its components, software, and contents.

Privacy Policy

Please review our privacy policy. The terms of the Privacy Policy are incorporated into, and considered a part of, these Terms.

License

We may provide access to our partners’ software from time to time in connection with our Services (the “Software”). Our partner may grant you a license for you to use their Software in connection with our Services. You agree we are not licensing you the Software and you agree to our partner’s terms and condition of that license. You also agree to follow our instructions concerning use of the Software, and to delete or return the Software upon our request or at the expiration of the license term.

You agree not to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive any of the Software, Products, technology, or the Site, (b) make any of the Software, Products, or technology available to any third parties, (c) modify, adapt, translate or create derivative works based on the Software, Products, technology, or the Site, (d) reproduce any portion of the Site, Software, Products, or technology, or (e) permit or authorize any person other than you to access the Software, Products, or technology.

If you ever feel like our Site or Services could be better, please write to us at legal@trundl.com. We certainly appreciate anything you may suggest to make the Site or Services better. If you provide any such feedback or suggestions to us, we may use all such feedback and suggestions for any purpose. So that we may use and incorporate such feedback or suggestions into the Site, or Services, we alone will own all right, title and interest, including all related intellectual property rights, in and to all such feedback or suggestions and you hereby assign all such feedback and suggestions to Us, without any free of charge.  This includes all moral rights.

Fees

We sometimes may use a third-party payment processor to process payments made by you to us.  We do not collect or store that payment information, but the third-party payment processer may store and collect such information. You agree to pay for all Services provided by us. You acknowledge and agree that no charges by us are refundable to you. You agree to all additional terms included in any order form agreed by you, whether in click-through, electronic signing, or paper format.  All non-public pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide us with complete and accurate billing and contact information, and to update such information within three days of any change.

No Use By Children Under Age 13

If you are under the age of 13, please do not attempt to register with us at the Site or provide any personal information about yourself to us. If you believe we have collected personal information from a child under the age of 13, please contact us at legal@trundl.com.

Trademarks

All trademarks, logos and service marks displayed on the Site are Trundl’s property or the property of other third parties. You are not permitted to use these Marks without Trundl’s prior written consent. You consent for us to display your trade and service marks on the Site and identify you as a customer of ours. You acknowledge and agree that we may develop and publish case studies highlighting the main benefits provided to you by us.

Third-party Links

The Site may contain links to other websites operated by third parties.  Such third-party websites are not under the control of Trundl. We are not responsible for the content of any third-party website, or any link contained in a third-party website. We provide or include these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk. We do not generally provide a warning that you are leaving Our Site. Third-party websites are subject to their own terms and policies, including privacy and data gathering practices.

Guarantee, Warranty, and Limitations on Damages

There is no warranty on the Services. What we will promise is that we’ll do our commercial best to provide the Services. If we don’t do a great job for you, although we’ll be deeply sorry, you agree that you can’t hold us liable for it (or the results) legally or morally.

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ and other professionals’ fees) resulting from your registration with, use of Products or Services provided to you, or activities on the Site, your breach of any provision of these Terms and/or any negligence or intentional wrongdoing by you. In connection with any such defense, you shall employ counsel acceptable to us, and we shall be entitled to participate in such defense at our own cost and expense.

WE PROVIDE THE SITE, THE SOFTWARE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE ANY INFORMATION OR SERVICES PROVIDED TO YOU BY US, OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE SITE AT YOUR OWN RISK.

You release us and hereby hold us (and our Affiliates, agents, directors, officers, employees and content providers) harmless from any and all claims, demands, and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit is instituted, arising out of or in any way connected with the Site, Products, or Services provided by us or your use hereof or activities hereon (the “Released Claims”). You waive the provisions of any state law limiting or prohibiting a general release and acknowledge that you have read and understand, and expressly waive the benefits of, Section 1542 of the Civil Code of California which provides that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTION OF THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

You agree that we have no liability, whatsoever, for the unavailability of the Site caused by failure on or concerning the Site or lack of maintenance or other work to keep the Site operable. We will also not have any liability for any kind of losses resulting from delays or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network internal or external to the Site.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF USE EXCEED THE LESSER OF (i) U.S. $1,000 AND (ii) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH SERVICES PROVIDED  BY US.  THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES.

The limitations of liability provided in these Terms of Use inure to the benefit of Us, our Affiliates and to all of our respective officers, directors, employees, attorneys and agents.

Intellectual Property Ownership and Confidentiality

As between you and us, we own the Site, the Services, our trademarks and indicia of origin, and our technology. We and our partners own the Products and Software that we may offer.

We are entitled to rely on the accuracy of all information provided by you to us about yourself or the entity you are representing (your “Entity”). You agree to promptly inform us of any such incorrect data or information and bear the reasonable costs of correction.

Cancellations

If you leave us, We’ll miss you dearly but we won’t hold you back. To cancel, just email us at legal@trundl.com and ask us to remove you. We may remove you for any or no reason at any time and will use reasonable efforts to provide notice to you.

These Terms are subject to events or occurrences beyond our or your control, including acts of God, war or threat of war, government regulation or advisories, disaster, fire, hurricanes, earthquakes, strikes, civil disorders, terrorism or the threat of terrorism, pandemics, or other emergencies beyond the control of either party, making it illegal, impossible, or commercially impracticable to provide the Services or Products.

Non-Solicitation

You acknowledge that we have made some effort in creating our Services, Site, and technology, and that we have a legitimate interest in earning a reasonable return on that investment. To the fullest extent permitted under applicable law, you agree that during your registration with us and for a period of twelve (12) months immediately following the termination of our Services for any reason, whether voluntary or involuntary, with or without cause, you shall not attempt, directly or indirectly, to solicit any of our customers, vendors, personnel, advertisers, partners, speakers, that are known to you

Governing Law

We are based in the United States of America, and make no claims that we, or our content is appropriate or may be legally accessed, used, or downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

By accessing, registering with, or using the Site, you agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflicts of laws rules and shall not be governed by the United Nations Convention on the International Sale of Goods or the laws of any other jurisdiction, state or country. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of California in and for the county of San Mateo and further agree that any cause of action, lawsuit, arbitration, or other dispute resolution procedure you may bring arising under or concerning this Site, or your use of or activities in connection with the Site shall be brought by you exclusively in the state or federal court or arbitration facility located in the State of California, San Mateo County having subject matter jurisdiction thereof.

These Terms, and any order form signed with us, constitute the entire agreement between you and us and, except as otherwise set forth herein, any modification thereto has to be reduced to a writing sign by you and us specifically referencing these Terms.

General Provisions

If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. If you have any questions about the foregoing, please contact Trundl at legal@trundl.com.