Effective: October 21, 2019
By accessing and using Trusted, you agree to comply with these Terms. The terms “you” refer registered and unregistered users of Trusted. If you are using Trusted on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreement with you. You may not use Trusted if you do not agree to the version of the Terms posted on Trusted at the time you access Trusted.
Please note: These Terms require the use of arbitration on an individualbasis to resolve disputes, rather than jury trials or class actions, and alsolimit the remedies available to you in the event of a dispute.
Eligibility to Use Trusted
Your Trusted Account
Accessing Trusted and Account Security. We reserve the right to withdraw or amend the Terms, and any service or material we provide on Trusted, in our sole discretion without notice. We will not be liable if for any reason all or any part of Trusted is unavailable at any time or for any period. From time to time, we may restrict access to Trusted.
Intellectual Property Rights
These Terms permit you to use Trusted for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Trusted, except as follows:
You must not:
You must not access or use for any commercial purposes any part of Trusted or any services or materials available through Trusted.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Trusted in breach of the Terms, your right to use Trusted will stop immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to Trusted or any content on Trusted is transferred to you, and all rights not expressly granted are reserved by the Trusted Group. Any use of Trusted not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Trusted Group names, the terms “Trusted Health,” the Trusted Group logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Trusted Group. You must not use such marks without the prior written permission of the Trusted Group. All other names, logos, product and service names, designs, and slogans on Trusted are the trademarks of their respective owners.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the content provided by third parties on Trusted.
Trusted may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through Trusted.
House Rules. You represent and warrant that you will use Trusted solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all User Content that is posted through your account on Trusted. You understand that you may expose yourself to liability if your User Content or other use of Trusted violates applicable law or any third-party right.
Content Standards. These content standards apply to any and all User Contentand use of Interactive Services. User Content must in their entirety complywith all applicable federal, state, local, and international laws andregulations. Without limiting the foregoing, User Content must not:
You agree that you will not use Trusted to:
Links to Third-Party Websites. Trusted may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.
Applying on Trusted. Our job postings allow you to complete and submit your application on Trusted. We provide this service by working directly with an employer. When you click the “Apply” button to submit an application on Trusted, we send your application to the most appropriate contact information we have on file for that employer.
While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission.
Salary Estimates. In certain markets we may offer salary estimate features, such as personalized market value estimates, salary estimates for job roles, and salary estimates for specific job openings. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them.
Enforcement by Trusted
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Trusted.
We cannot review all material before it is posted on Trusted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Removal of User Content. While Trusted has no obligation to do so, Trusted reserves the right to review and delete any User Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Trusted, or that we deem in our sole discretion as inappropriate. If you see any User Content on Trusted that you believe violates our policies, you may report that User Content by contacting us. Once notified, we will review the User Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove User Content is within our sole discretion. You understand and agree that if we choose not to remove or edit User Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing your User Content (or portions thereof) from Trusted; suspending your rights to use Trusted; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.
Copyright Infringement. If you believe that any User Content violate your copyright, please contact email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Trusted Group to terminate the user accounts of repeat infringers.
Rights to Trusted Content
Trusted contains content provided by us and our licensors (“Trusted Content”). We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Trusted Content we each provide, and the Trusted Group owns and retains all property rights in Trusted. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy, and print Trusted Content from Trusted solely for your personal use in connection with using Trusted. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on Trusted or the Trusted Content (excluding your User Content); or (2) rent, lease, loan, or sell access to Trusted.
Reliance on Information Posted
The information presented on or through Trusted is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Trusted, or by anyone who may be informed of any of its contents.
Trusted includes content provided by third parties, including, but not limited to, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Trusted Group, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Trusted Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Trusted
We may update the Trusted Content on Trusted from time to time, but it is not necessarily complete or up to date. Any of the material on Trusted may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to Trusted
Your use of Trusted, and agreements with these Terms, serves as your written consent to our collection, aggregation, and recording of any and all types of engagement with or use of Trusted including, but not limited to, your access to and use of our websites, digital platforms, social media (e.g. Instagram, Facebook, etc.), emails, telephone, VOIP, SMS, online chat, mobile applications, and any other activities (online or offline) associated with the Trusted Group.
Linking to Trusted and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Trusted may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking or on which you make certain content accessible must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from Trusted
If Trusted contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Trusted, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to defend, indemnify, and hold us harmless from any loss, liability, claim, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of Trusted, including, but not limited to, your User Content, any use of Trusted’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from Trusted.
Disclaimers and Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TRUSTED GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, TRUSTED, ANY WEBSITES LINKED TO IT, ANY CONTENT ON TRUSTED OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Trusted. We are not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on Trusted, whether caused by users or by any of the equipment or programming associated with or utilized in Trusted. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Trusted or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Trusted. Under no circumstances shall we be responsible for any loss or damage resulting from use of Trusted or from any content posted on Trusted or transmitted to users, or any interactions between users of Trusted, whether online or offline.
Trusted is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Trusted will meet your requirements; (2) Trusted will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Trusted will be accurate or reliable.
Trusted is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet You hereby release the Trusted Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, content, or data of third parties (including, other users), and (2) your participation in any offline events.enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Trusted will meet your requirements; (2) Trusted will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Trusted will be accurate or reliable.
IN NO EVENT SHALL TRUSTED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TRUSTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT TRUSTED’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TRUSTED (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “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.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use Trusted and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Trusted, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Trusted. For the avoidance of doubt, you agree that these Terms apply to your use of Trusted and any content posted on Trusted at any time prior to the termination or expiration of these Terms.
Changes to Terms
We may revise these Terms from time to time in our sole discretion by posting an updated version on Trusted. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the effective date. For users who registered accounts before the effective date, they will become effective thirty (30) days after the effective date. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. You are expected to periodically review this page for the latest information on our Terms. Your continued use of Trusted is subject to the most current effective version of these Terms. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Trusted. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within San Francisco County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
Disclaimers and Limitation on Liability
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE TRUSTED GROUP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRUSTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Trusted and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. No waiver by the Trusted Group of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Trusted Group to assert a right or provision under these Terms.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Trusted’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”
Please contact us with any questions regarding these Terms by contacting us at firstname.lastname@example.org or Legal Department, Trusted Inc., 201 California St., Suite 950, San Francisco, CA 94111.