Updated: May 5, 2021

Ello Terms of Service

Welcome, and thank you for your interest in our Services, the website www.trustle.co (the “Website”) and our mobile application Trustle (the “App”), together hereafter referred to in these Terms of Service as “Trustle”, “us”, “our” or “we”.  Trustle is owned and operated by Trustle Inc., a Delaware corporation and for the purposes of this Agreement and our Privacy Policy any use of the terms “Trustle”, “us”, “our” or “we” includes Trustle LLC, without limitation. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the content, services and products available through the Trustle Website or App, as well as any software that Trustle provides to you that allows you to access the Services. The term “user”, “you” or “your” refers to the user of the Service, including visitors that do not register for an account or purchase a subscription to our Services. The following Terms of Service are a legally binding contract between you and Trustle regarding your use of the Service.

Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services, subscribe to a plan or purchase something from us, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms of Service and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. Trustle may change this Agreement at any time by posting an updated Terms of Service on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this Site or App. If you continue using the Site or the App, you will be constructively deemed to have accepted the changes.

In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Medical Disclaimer

TRUSTLE DOES NOT PROVIDE MEDICAL CARE, ADVICE, DIAGNOSIS, TREATMENT OR SERVICES AND YOUR USE OF OUR SERVICES DOES NOT CREATE A PATIENT/PHYSICIAN RELATIONSHIP. FOR ADDITIONAL INFORMATION PLEASE SEE OUR FULL MEDICAL DISCLAIMER IN SECTION 29 AND OUR HIPAA DISCLAIMER IN SECTION 30 OF THIS  AGREEMENT.

  1. Eligibility for Our Service
    By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent, which we may require before completing any registration. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
  2. Our Service
    • Trustle provides parents with early childhood development information, education, coaching, instruction, guidance, strategies, practical tips and support using our mobile App, email and video chat, depending on the service subscription you select. Following your registration with our Service, you will be matched with a personal Coach and Clinician who will share information and strategies relevant to your parenting concerns.
    • TRUSTLE DOES NOT PROVIDE MEDICAL CARE, ADVICE, DIAGNOSIS, TREATMENT OR SERVICES AND YOUR USE OF OUR SERVICES DOES NOT CREATE A PATIENT/PHYSICIAN RELATIONSHIP. FOR ADDITIONAL INFORMATION PLEASE SEE OUR MEDICAL DISCLAIMER IN SECTION 29 OF THIS AGREEMENT.
    • The Services we make available to you are for personal use only. You may not sell or resell any of the Services you receive from us.
    • The Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
    • Any modifications and new features added to the Service are also subject to this Agreement.
    • Trustle reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you.
    • All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Trustle.
  3. Accounts and Registration
    • To access some features of the Service, including our subscription services plans, you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
    • If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity.  You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
    • Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here.
  4. Account Management
    • Keep Your Password Secure. If you have been issued an account by Trustle in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Trustle, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Trustle immediately. You may never use another person’s account or credentials to access the Services.
    • Keep Your Details Accurate. Trustle may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
    • We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. 
    • You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
    • We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
  5. Privacy and Your Personal Information
    For information about the Trustle data protection practices and privacy policies, please read our Privacy Policy where you accessed these Terms of Service or here. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with Trustle Privacy Policy.
  6. Subscription Plans and Terms
    Trustle offers several automatically renewable and payable Subscription Plans for our users. The features, subscriber rights, terms and prices of these Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plans pricing page here.
    • By completing your registration for a Subscription Plan, you authorize Trustle or its secure third party payment processor to charge your payment method on a recurring basis (e.g. monthly or for six (6) months) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with customer’s use of the Trustle services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan.
    • By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and Trustle (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.
    • You may cancel your Subscription Plan at any time, by logging into your account or emailing us at support@trustle.co and following the instructions, if any, we provide you in response to your cancellation request.  If you cancel, you will not be entitled to a refund for your last payment and you may use your Subscription Plan until the end of your then-current paid-up subscription term, at which time it will expire.
    • Trustle may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Trustle reasonably could act.
    • In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about Trustle, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
  7. Orders
    Your subscription order constitutes an offer to purchase the Subscription and Services available on our platform. We reserve the right at any time to accept or decline any order or partial order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription or Services are no longer available.
  8. Prices
    • All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
    • All applicable taxes, VAT and other charges are additional and your responsibility.
    • We reserve the right in our sole discretion to change prices at any time and without notice.
  9. Payment
    • By providing Trustle with your method of payment information, you authorize us to charge you for subscription purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
    • Your use of our secure third party payment processing service is subject to the terms and conditions, and the privacy policy, of the third party payment processing service and not ours.
    • You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.
    • You agree that we may charge you, and you will pay to Trustle, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
  10. Your Access and Use of our Services
    • Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services. 
    • The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
    • Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
    • Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
    • Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Trustle shall not, under any circumstances, be liable in any way for any User Content.
    • You understand that Trustle may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device.  You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
    • You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of our Services without our prior written permission.
    • You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
  11. Suspension and Termination of Services
    • Trustle may limit or suspend or terminate the Services to you (including your subscription) if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
    • Trustle may also suspend providing the Services to you (including your subscription) if we are investigating suspected misconduct by you. Trustle will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
    • Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.
  12. Information Accuracy
    • We attempt to ensure that information on our Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.
    • Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice and cancel orders placed for subscriptions listed incorrectly or at the wrong price.
  13. Proprietary Rights
    As between Trustle and you, Trustle or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Trustle.
  14. Intellectual Property Rights
    • Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Trustle. You may not use the Proprietary Marks without our prior written permission.
    • We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
    • The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
    • We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
    • All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
    • You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
  15. Use of Our Content
    • We grant you a limited, non-exclusive, revocable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing. 
    • You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
  16. User Content Rights and Related Responsibilities; License
    Trustle may now or in the future provide areas of the Service to display user contributed content (“User Content”) which may be accessible to other users or the public. The following terms apply to such User Content.

    USER CONTENT IS NOT CONSIDERED TO BE CONFIDENTIAL. YOU AGREE NOT TO SUBMIT USER CONTENT IN WHICH YOU HAVE ANY EXPECTATION OF PRIVACY. DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION.
    • "User Content" means, without limitation, any messages, chat content, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions and documents, or any other content you upload, transmit or otherwise make available to Trustle and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Trustle and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
    • By submitting User Content on or through the Service, you grant Trustle a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
    • In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
    • You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
    • You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Trustle resulting therefrom.
    • Trustle may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
    • You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
    • Trustle has no control over User Content once posted, and it is possible that viewers of your User Content may copy it and repost it elsewhere.
    • You agree not to post, transmit or upload as part of the Service, or directly to any Coach or Clinician, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, some examples of the things you may not do:
    • Impersonate any person or entity.
    • Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
    • Advocate for or harass or intimidate another person.
    • Promote information that is false or misleading.
    • Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
    • Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
    • Transmit anything that exploits children or minors.
    • Solicit personal information from anyone.
    • Use the service in an illegal manner or to commit an illegal act.
    • Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
    • Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
    • Promote material that exploits people in a sexual, pornographic or violent manner.
    • Provide instructional information about illegal activities.
    • Provide instructional information about illegal activities.
    • Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising and business offers.
  17. User Comments
    Trustle does not investigate any posted user comments, suggestions, advice, instructions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory.  You agree that Trustle is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Trustle reserves the right to remove user comments or information that, in our sole judgment, violates these Terms or negatively affects our Services.
  18. Interruption of Service
    • Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
    • You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
  19. Third Party Links, Services and Content
    The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, courses , services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising or other materials on, or available from, such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability.
  20. Mobile Software
    We may make available software to access the Trustle mobile App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Trustle does not warrant that the Mobile Software will be compatible with your mobile device. Trustle hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Trustle account on a mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Mobile Software. You acknowledge that Trustle may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Trustle or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Trustle reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Trustle App.

  21. Mobile Application from a Third Party App Store
    The following applies to any App Store Sourced Application accessed through or downloaded from a Third Party App Store:
    • You acknowledge and agree that (i) the Terms are concluded between you and Trustle only, and not the Third Party App Store, and (ii) Trustle, not the Third Party App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Third Party App Store Terms of Service.
    • You acknowledge that the Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
    • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the Third Party App Store, and the Third Party App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Trustle and the Third Party App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Trustle.
    • You and Trustle acknowledge that, as between Trustle and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • You and Trustle acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Trustle and the Third Party App Store, Trustle, not the Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
    • You and Trustle acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
    • Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the Third Party App Store Sourced Application.
  22. Electronic Communications
    • Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, text chat, video chat, telephone, text messaging, SMS or by posting notices on our Services.  When you use our Services, you consent to communicating with us electronically.
    • You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  23. Electronic Transactions
    • Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
    • Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
    • In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  24. Third Party Social Networking
    If you access our Services through a third party social networking  site or application including, but not limited to, Facebook, LinkedIn or Twitter, you authorize Trustle to access certain information about you that is made available through that third party social networking site and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
  25. Security
    Violating the security of our Services is prohibited and may result in criminal and civil liability. Trustle may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
  26. Copyright and Intellectual Property Policy
    We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

    A valid complaint under the DMCA must provide the following information in writing:
    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
    • Identification of the copyrighted work that you claim has been infringed.
    • Identification of the material that is claimed to be infringing and where it is located on the Service.
    • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
    • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
    Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: support@trustle.co
  27. Disclaimers; No Warranties
    • ALL SERVICES, INFORMATION, ADVICE AND PRODUCTS AVAILABLE FROM TRUSTLE, INCLUDING INFORMATION, OPINIONS AND ADVICE OF OUR COACHES AND CLINICIANS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUSTLE AND ITS COACHES, CLINICIANS, OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, PARTNERS, AFFILIATES AND AGENTS, (COLLECTIVELY, THE “TRUSTLE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
    • WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE COACHES AND CLINICIANS WILL BE FREE OF ANY ERRORS, MISTAKES, OR INACCURACIES, OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
    • THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
    • THE TRUSTLE PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
    • IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
    • WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
    • SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  28. Limitation Of Liability
    • IN NO EVENT SHALL WE 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 PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
    • THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
    • WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
    • OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY USER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
    • YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    • CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
  29. Medical Disclaimer
    • THIS WEBSITE, OUR MOBILE APP AND THE SERVICES PROVIDED BY TRUSTLE ARE NOT DESIGNED TO, AND DO NOT PROVIDE MEDICAL ADVICE, PROFESSIONAL MEDICAL DIAGNOSIS OR OPINION, MEDICAL TREATMENT, PSYCOLOGICAL THERAPY OR MEDICAL SERVICES TO YOU, YOUR CHILD OR TO ANY OTHER INDIVIDUAL. YOUR USE OF OUR SERVICES DOES NOT CREATE A PATIENT/PHYSICIAN RELATIONSHIP.
    • TRUSTLE PROVIDES INFORMATION FOR GENERAL KNOWLEDGE AND EDUCATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED BY TRUSTLE AND OUR COACHES AND CLINICIANS SHOULD NOT BE CONSIDERED, OR USED BY YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY A PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST OR OTHER HEALTHCARE PROVIDER.
    • OPINIONS AND ADVICE GIVEN BY COACHES AND CLINICIANS IS INTENDED AS SUPPLEMENTAL SUPPORT TO, AND NOT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. IF A COACH OR A CLINICIAN FEELS THAT THE USER CAN BENEFIT FROM ADDITIONAL HELP, THIS IS NOT A MEDICAL DIAGNOSIS AND THE USER IS RESPONSIBLE FOR THEIR OWN DECISION WHETHER OR NOT TO SEEK THAT HELP.
    • YOU SHOULD NOT CHANGE ANY TREATMENT, MEDICATION, THERAPY OR PLAN OF CARE PRESCRIBED BY YOUR PHYSICIAN OR HEALTHCARE PROFESSIONAL BASED UPON INFORMATION YOU RECEIVED THROUGH OUR SERVICES, COACHES OR CLINICIANS. WHILE OUR CLINICIANS MAY BE QUALIFIED HEALTHCARE PROFESSIONS,  THEIR SERVICES TO YOU ARE NOT BEING PROVIDED IN THAT CAPACITY SO ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL.
    • INFORMATION PROVIDED THOUGH OUR SERVICES, COACHES AND CLINICIANS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT AN ENDORSEMENT OF, OR REPRESENTATION OF THE SAFETY OR EFFICACY OF, ANY TREATMENT, DEVICE OR MEDICATION.
    • IF YOU BELIEVE YOU ARE CONFRONTED WITH ANY HEALTH PROBLEM OR MEDICAL CONDITION, YOU SHOULD PROMPTLY CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NEVER DISREGARD MEDICAL OR PROFESSIONAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF INFORMATION YOU HAVE RECEIVED THROUGH OUR SERVICES. IF YOU ARE PRESENTED WITH A MEDICAL EMERGENCY YOU SHOULD IMMEDIATLY CALL 911 OR YOUR PHYSICIAN.
  30. HIPAA Disclaimer
    We are not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that Trustle’s network may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We specifically disclaim any representation or warranty that Trustle’s services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Users requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Acceptable Use Policy, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Trustle is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
  31. Indemnity
    • You agree that you will be personally responsible for your use of the Services, products or subscriptions you purchase from us; and you further agree to defend, indemnify and hold harmless Trustle and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service, subscription or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Services, products or subscriptions purchased though the Service.
    • We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  32. Release
    • By using the Services, you release, to the maximum extent allowed by law, Trustle, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services, products or subscriptions, including without limitation, any death or serious emotional or physical harm.
    • If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 
  33. Governing Law
    This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of California in and for the County in which Trustle maintains its principal office.
  34. Our Remedies
    • You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
    • For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of California in and for the County in which Trustle maintains its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
  35. Dispute Resolution
    THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. 

    THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. 

    PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.


    For any dispute you have with Trustle, you agree to first contact us at support@trustle.co and attempt to resolve the dispute with us informally. If Trustle has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
    • Claims. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
    • Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
    • Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
    • PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
    • Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    • Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of California in and for the County in which Trustle maintains its principal office. You and we agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of California; (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California, and (iii) that you waive, to the fullest extent permitted by law, to any right to jury trial.
  36. Law Enforcement
    • Trustle is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Trustle receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
    • Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Trustle may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Trustle will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
  37. Statutory Rights; Notice To California Residents
    If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
  38. Amendments to this Agreement
    We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services.  You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement.  Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
  39. Severability
    If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
  40. No Waiver
    Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  41. Entire Understanding
    This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@trustle.com


    Last updated: May 1, 2019
  • Introduction

    1. Welcome to Ello! Your use of our services, including the services we make available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all products, software or services offered by Ello in connection with any of those (the “Services”) is governed by these terms of service (the “Terms”), so please carefully read them before using the Services.  For the purposes of these Terms, “we,” “our,” “us,” and “Ello” refer to Ello Technology, Inc., the providers and operators of the Services.
    2. In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
    3. Persons under 18 years of age may use the Services only in conjunction with and under the supervision of a parent or legal guardian. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect to your child’s use of the Services. 
    4. You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Ello or any of its affiliates regarding future functionality or features.
    5. If you have entered into a separate written agreement with Ello for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement.
    6. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ELLO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
    7. BY USING, DOWNLOADING, INSTALLING, PURCHASING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, PURCHASE OR OTHERWISE ACCESS THE SERVICES. 
    8. CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES.  IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
  • Description of Services

    1. Ello provides a book delivery service paired with a real-time automated reading assistance application (the “Ello App”). Our goal is to offer high quality children's books, along with a virtual companion and coach to read alongside. 
    2. Every month, we send you a different selection of curated children’s books (the “Monthly Package”), the timing and contents of which depends on the package you have chosen and the age ranges you select for your child (“Books”). Each of the Books we provide can be read alongside the Ello App during the term of your subscription, for an enhanced reading experience.
    3. You will be allowed to read the books for a period of one month with your children, and you may mail to us any books (in mint condition), which you do not want to purchase.  Alternatively, you may choose to purchase any of the books we send you by keeping them.  Books that you return will no longer be accessible on the Ello App.
    4. Note that if you access the Ello App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Ello App features may be prohibited or restricted by your network provider and not all Ello App features may work with your network provider or device.
  • Your Account

    1. In the course of registering for or using the Services, you may be required to provide Ello with certain information, including your name, email, phone, valid U.S. mailing address, credit card information, child’s first name, child’s grade and reading level, child’s interest, username and password (“Credentials”). Ello handles such information with the utmost attention, care and security. Nonetheless, you, not Ello, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Ello promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Ello of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Ello immediately.
  • Ello Subscription -  Shipments & Returns

    1. After you’ve signed up for an Ello Subscription, we will send you Books each month chosen by Ello. You will be able to read them in your own home and see what you and your family likes. You can decide to keep all, some or none of the Books in the shipment, and we will charge you for the items you keep as described in the Service Fee and Payment section (below).  
    2. As a subscribed Ello member, you authorize us to charge you for the shipment in accordance with these Terms of Service. As explained in the Service Fee and Payment section, you are responsible for: (i) the Service Fee for any shipment that is not cancelled with the required notice and (ii) the price of any Books that are not returned in accordance with our policies. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States and U.S. territories) or it is to an address that we determine has a history of fraudulent purchases. We may decline to accept your request for a shipment for any reason. If we decline to accept your request for a shipment, we may attempt to notify you at the email address you provided. All Books will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Books to a common carrier.
    3. Returns/Rejections.  We submit our books to you as an offer to purchase. If you want to reject any of the Books in your shipment, simply place them back in the mailer we provide and mail them back to us in mint condition at no cost to you. Any returned Books must be postmarked no later than one month after you receive the package (the “Return Date”). You agree that keeping any Books in the shipment or by not postmarking the return shipment back to us by the Return Date constitutes your acceptance of our offer to purchase such Books, and we will charge your Account for those Books (at a rate of $5.00 per retained Book) any time after that day. Any exceptions permitting a return postmarked longer than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Ello. Products must be returned in mint condition, as determined by Ello in its sole discretion.  We cannot guarantee that you will be able to exchange or replace any Books in a particular shipment.  PLEASE NOTE THAT OUR SCHEDULING OF A SHIPMENT IS AN OFFER TO PURCHASE THE BOOKS IN THE SHIPMENT, WHICH YOU MAY RETRACT BY RETURNING THE BOOKS YOU DON'T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR PAYMENT OF THE SERVICE FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE SHIPMENT. 
  • Ello Subscription - Service Fee & Payment

    1. When we ship you your shipment of Books each month, we will charge you a non-refundable “Service Fee” in the amount of $20.00. The Service Fee will be charged to your credit card or other payment method associated with your Account. No changes can be made to your initial shipment after the order is placed. Once your order has been processed (initial or otherwise), it cannot be cancelled.  The Service Fee will NOT be credited towards the purchase price of any Books, and is non-refundable.
    2. Within one month of receiving your shipment, you must return any Books you don't want purchase. Otherwise you will be responsible for purchasing all Books not postmarked by the Return Date at a price of $5.00 per Book. Such amounts will be automatically charged to your credit card or other payment method associated with your Account.
    3. If you do not cancel your Ello Subscription before your subscription’s renewal date (which may be found in your Account’s subscription management page), we will assume you are requesting the next month’s shipment, and therefore, you agree to the Service Fee being charged to the card on file on a recurring basis until you cancel the subscription. IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE YOUR SUBSCRIPTION’S RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
    4. You may cancel your subscription by emailing us at to support@helloello.comstating "I want to stop receiving Books" from the email address then currently associated with your account. Upon cancelling your account, you will still be responsible for paying us for any Books not returned in your previous shipments. 
    5. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
    6. For your convenience and benefits as a member, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorize us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership, if applicable, should you wish to discontinue paying the recurring Service Fee and receiving Books for consideration of purchase.
    7. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Ello the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Ello will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
    8. You are responsible for the payment of any Service Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible to pay the applicable use taxes.
  • Damaged Books

    1. In the event that Books are returned to us in a damaged condition, and are not returnable to the publisher in saleable condition, you will be charged $5.00 for such Books. We reserve the right to cancel any account for any reason, including the regular return of damaged materials. We are not responsible for Books damaged in transit.
    2. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates.
    3. Replacement of Books and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion.
    4. Repeated claims of undelivered merchandise may result in the cancellation of your membership or refusal to process future transactions. We are neither responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions or acts of hackers, internet service providers or any other third party, or your acts or omissions.
  • Content

    1. A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Ello or its suppliers (“Ello-Supplied Content”). While Ello strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Ello cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Ello-Supplied Content. 
    2. You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.” 
    3. You agree that you are solely responsible for (and that Ello has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Ello may suffer) in connection with such User Content.  If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.  Furthermore, you acknowledge that Ello does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Ello be liable in any way for any such Content.
    4. Ello may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Ello may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Ello may also delete the User Content as of that date.  User Content that is deleted may be irretrievable.  You agree that Ello has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.  
    5. Ello reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Ello. In the event that you elect not to comply with a request from Ello to take down certain Content, Ello reserves the right to directly take down such Content.
    6. By submitting, posting or otherwise uploading User Content on or through the Services you give Ello a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
    1. with respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
    2. with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private chat messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose of enabling Ello to provide you with the Services, and for the limited purposes stated in our Privacy Policy.
  • Proprietary Rights

    1. You acknowledge and agree that Ello (or Ello’s licensors) own all legal right, title and interest in and to the Services and Ello-Supplied Content and that the Services and Ello-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  
    2. Except as provided in Section 8, Ello acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Ello, you agree that you are responsible for protecting and enforcing those rights and that Ello has no obligation to do so on your behalf.
  • License from Ello and Restrictions on Use

    1. Ello gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services solely for your personal, non-commercial use, in the manner permitted by these Terms.
    2. You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Ello, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
    3. You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    4. You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties
    5. You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
    6. You may not access the Services for the purpose of bringing an intellectual property infringement claim against Ello or for the purpose of creating a product or service competitive with the Services.  You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the Services.
    7. You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Ello, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
    8. Please note that we do not promote, recommend or condone use of the Services during other activities, such as the operation of machinery, where there is any risk of accident.
  • Privacy Policies

    1. These Services are provided in accordance with our Privacy Policy, which can be found at www.helloello.com/privacy You agree to the use of your User Content and personal information in accordance with these Terms and Ello’s Privacy Policy.
  • Modification and Termination of Services

    1. Ello is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Ello provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.  Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
    2. You may terminate these Terms at any time by canceling your account on the Services in which case these Terms will still be valid for the subscription time you have already paid for. You will not receive any refunds if you cancel your account.
    3. You agree that Ello, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Ello will not be liable to you or any third party for such termination.
    4. You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
    5. Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  • Changes to the Terms

    1. These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
  • DISCLAIMER OF WARRANTY

    1. ALL CONTENT MADE AVAILABLE THROUGH THE ELLO APP IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
    2. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO SUBSCRIBES TO OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, AT ELLO'S DISCRETION.
    3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES, ALONG WITH ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    4. ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
    5. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ELLO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  • LIMITATION OF LIABILITY

    1. SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELLO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    2. THE LIMITATIONS ON ELLO’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ELLO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    3. SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ELLO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
  • Indemnification

    1. You agree to hold harmless and indemnify Ello, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Ello and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
  • Copyright Policy

    1. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

      DMCA Notice of Alleged Infringement (“Notice”)
    1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. 
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Third-Party Content

    1. The Services may include references or hyperlinks to other web sites or content or resources or email content. Ello has no control over any web sites or resources which are provided by companies or persons other than Ello.
    2. You acknowledge and agree that Ello is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that Ello is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  • Third Party Software

    1. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
    2. If the Ello App is downloaded by you from the Apple App Store or Google Play Store, your use of the Ello App must comply with the applicable Apple App Store or Google Play Store Terms of Use. Additionally, you and Ello acknowledge that (i) the Terms are concluded between you and Ello only, and not with Apple or Google, (ii) neither Apple nor Google are responsible for the Ello App or the contents thereof, (iii) Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Ello App, (iv) Ello, not Apple or Google, is responsible for addressing any claims from you or any third party relating to the Ello App or your possession and/or use thereof, including product liability claims, any claim that the Ello App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation, (v) Apple, Google, and their subsidiaries are third-party beneficiaries of the Terms with respect to the Ello App, and they shall have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof with respect to the Ello App, and (vi) Ello, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Ello App.
  • Feedback

    1. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ello under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
  • Disputes

    1. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ello and limits the manner in which you can seek relief from us.
    1. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  Except for small claims disputes in which you or Ello seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND ELLO, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.  YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST ELLO THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.
    2. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@helloello.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.
  • Miscellaneous

    1. These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Ello to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Ello must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
  • Contact Us

    1. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@helloello.com
    2. When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.
    3. By using the Services, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).