terms

 

Thanks for using trovvit! These terms of service ("Terms") cover your use and access to the services, client software and websites ("Services") provided by trovvit, Inc. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy (AUP) outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use Policies. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.  This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Introduction

 

1.1. Purpose

trovvit is an online platform for learners of all ages.  Our mission is to support the world's learners and to allow them to be more productive and successful. Our Services are designed to promote learning opportunities for our members by enabling you and fellow learners to find, capture, organize and share learning experiences and opportunities.         

1:2. Agreement

You agree that by clicking “Join Now” “Join trovvit”, “Sign Up” or similar, registering, accessing or using our services you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as starting a “Group,” downloading one of our software applications), as may be amended by trovvit from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

2. Obligations

2.1 Eligibility

You may use the Service only if you can form a binding contract with trovvit and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations.

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older;  (2) you will only have one account which must be in your real name; and (3) you are not already restricted by trovvit from using the Services.

“Minimum Age” means 13 years old for the United States. Persons under the age of 13 may only access the system with their parent’s consent or by their parent or institution setting up a “Child Account” (an account that was designed for Children under the age of 13) for them.  trovvit is based in the state of New York in the United States. We currently provide our Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

2.2. Your Membership

As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and our Acceptable Use Policy. You are responsible for anything that happens through your account unless you close it or report misuse. trovvit will not be liable for any losses caused by any unauthorized use of your account.

Note that for Premium Services purchased by another party for you to use (e.g. school, camp, company), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it or assign it over to you fully. At that time you will be required to accept our Terms and Conditions in order to continue to use the service. If the account is for a Member under the age of 13, their parent or guardian will be required to take over the account.

2.3 Payment

If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

  • You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.

  • You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

  • All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

  • Taxes are calculated based on the billing information that you provide us at the time of purchase.

  • Your Premium Services will remain in effect until they are cancelled or terminated under these Terms. If you don't pay for your Premium Services on time, we reserve the right to suspend it or reduce your storage to free space levels.

  • trovvit may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, however we will communicate any change in price to any trovvit subscription to you. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

  • You may cancel your premium account at any time by sending an email to cancel@trovvit.com. Any cancellation email should include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 hours of your cancellation request.

  •  If you cancel your premium account you will still have access to the free version but will no longer have access to the premium services. This includes access to

You can get a copy of your invoice through your account settings under “Billing”

2.4. Notices and Service Messages

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

2.5. Messages and Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, portfolio, feed, commenting and notifications. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your license to trovvit

As between you and trovvit, you own the content and information that you submit or post to the Services and you are only granting trovvit the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1.      You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

2.      We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.

3.      We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.

4.      While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. 

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions or other feedback regarding our Services to trovvit, you agree that trovvit can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. trovvit may be required by law to remove certain information or content.

3.2. Other content, sites and apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. trovvit generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.

You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your LinkedIn account, that app or site can access information on trovvit related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, trovvit is not responsible for these other sites and apps -- use these at your own risk.

3.3. Limits

trovvit reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. trovvit reserves the right to restrict, suspend, or terminate your account if trovvit believes that you may be in breach of this Agreement or law or are misusing the Services.

trovvit reserves all of its intellectual property rights in the Services. trovvit (stylized), the trovvit and “t” logos and other trovvit trademarks, service marks, graphics, and logos used in connection with trovvit are trademarks or registered trademarks of trovvit. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, TROVVIT (AND THOSE THAT TROVVIT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. 

4.2. Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TROVVIT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TROVVIT (AND THOSE THAT TROVVIT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF TROVVIT (AND THOSE THAT TROVVIT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TROVVIT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TROVVIT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

trovvit or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;

  • Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;

  • Sections 4, 6 and 7 of this Agreement;

  • Any amounts owed by either party prior to termination remain owed after termination.

 

6. Dispute Resolution

Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against trovvit, you agree to try to resolve the dispute informally by contacting dispute@trovvit.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or trovvit may bring a formal proceeding.

We both agree to arbitrate.  By accepting our terms, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of the Service or this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against trovvit in violation of this paragraph, you agree to pay trovvit reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

7. General Terms

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Agreement, that does not mean that trovvit has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that trovvit may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Your responsibilities.

You're responsible for your conduct.  You and anything you post or store with trovvit must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

10. How to Contact Us

Should you have any questions regarding these Terms and Conditions you may contact us at support@trovvit.com

These Terms and Conditions are effective and were last updated on May 20, 2015.