Effective Date: 08-15-24

Article 1: Introduction

1.1 Acceptance of Terms and Conditions: Welcome to Truster LLC. These Terms and Conditions (the “Agreement”) constitute a legally binding contract between you (the “User”) and Truster LLC (“Truster,” “we,” “us,” or “our”), governing your access to and use of the Truster mobile application and website (collectively, the “Platform”).

1.2 Binding Agreement: By accessing, browsing, or using the Platform in any manner, including but not limited to, visiting or browsing the Platform, downloading the mobile application, registering for an account, or contributing content or other materials to the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. Your continued use of the Platform constitutes your acceptance of and agreement to all terms and conditions outlined herein.

1.3 Scope of Agreement: This Agreement applies to all Users of the Platform, including without limitation Users who are vendors, buyers, merchants, contributors of content, information, and other materials or services on the Platform. If you do not agree with any part of these terms, you must immediately discontinue access to and use of the Platform.

1.4 Modification of Terms: Truster reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Platform. It is your responsibility to review the Terms and Conditions periodically for any updates or changes. Continued use of the Platform after any such changes shall constitute your consent to such changes.

1.5 Legal Compliance: By accessing or using the Platform, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

1.6 Termination of Use: If you do not agree to these Terms and Conditions, you are not authorized to access or use the Platform, and you must promptly cease using the Platform.

Article 2: Services Provided

2.1 Provision of Services: Truster LLC (“Truster”) hereby provides a technology platform accessible via its mobile application and website (the “Platform”), which facilitates customer to-customer (C2C) transactions by providing an integrated escrow system and automated identity verification services (collectively, the “Services”). These Services are designed to enable registered users (“Buyers” and “Sellers”) to conduct transactions with enhanced security and confidence.

2.2 Escrow Services: As part of the Services, Truster offers an escrow-style service whereby Truster acts as a neutral third-party intermediary to securely hold funds on behalf of the Buyers and Sellers during the transaction process. The escrow-style service is intended to provide an additional layer of security by ensuring that funds are only released when the conditions set by Truster for the transaction have been met.

2.3 Automated Identity Verification: To mitigate the risk of fraud and enhance transaction integrity, Truster implements automated identity verification processes. Each User is required to undergo identity verification prior to engaging in transactions on the Platform. The identity verification process is designed to authenticate the identities of Users to prevent unauthorized use and to foster a secure transaction environment.

2.4 Transaction Facilitation: Truster’s Platform provides tools and features necessary for Buyers and Sellers to discover and exchange goods and services. These tools include, but are not limited to, search functionality, transaction initiation, and communication facilities to facilitate negotiation and agreement between Buyers and Sellers. Please note that transactions must be requested by the Seller.

2.5 No Party in Transaction: It is expressly understood and agreed that Truster is not a party to any transactions between Buyers and Sellers. Truster’s role is limited to facilitating the availability of the Platform and Services and maintaining the escrow system. Truster does not have control over the quality, safety, shipment, or legality of the transactions consummated via the Platform, nor does Truster endorse any User, listing on various marketplaces, or content. Additionally, Truster is not responsible for the shipping of the items; the responsibility lies solely with the Buyer and Seller. Truster only offers facilities to
help both parties, and us, keep a record of the details involved in the transaction.

2.6 Service Modifications: Truster reserves the right, at its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Platform or any Services provided without notice and liability to Users. Truster will endeavor to notify Users of significant changes to the Services where feasible and provide alternative services or refunds as determined by Truster in its sole discretion.

2.7 User Responsibilities: Users of the Platform are solely responsible for the legality, accuracy, and appropriateness of their listings, content, shipping, and communications through the Platform, as well as for ensuring that their use of the Services complies with applicable laws and regulations. Users are also responsible for all transactions they engage in, including the fulfillment of offers, payment of fees, and shipment or delivery of goods or services. It is explicitly stated that Truster is not responsible for the shipment or returns of any items; this responsibility lies solely with the Users.

Article 3: User Accounts

3.1 Account Creation

a. In order to access and utilize the services provided by Truster LLC (“Truster”), each user (“User”) is required to establish a personal account (“Account”) on the Truster platform. Registration for an Account requires Users to provide truthful, accurate, and complete information as prompted by the registration process and maintain and promptly update their Account information to keep it accurate, current, and complete.

b. Users agree to provide such information under the penalties of perjury and acknowledge that Truster relies on the information provided by the Users to deliver high-quality service in accordance with legal requirements and guidelines.

3.2 Account Security

a. Upon registration, Users will create or be assigned a confidential password. Users are entirely responsible for maintaining the confidentiality of their password and Account details.

b. Users agree not to use the Account, username, or password of another User at any time or to disclose their password to any third party. Users agree to notify Truster immediately if they suspect any unauthorized use of their Account or access to their password.

c. Each User is solely responsible for any and all activities that occur under their Account, including ensuring that any use of the Service complies with these Terms and Conditions. Users agree to indemnify and hold harmless Truster for any liabilities or expenses arising from such use.

3.3 Account Responsibilities
a. Users are responsible for all activities that occur under their Account and are required to act responsibly, ethically, and legally within the platform. This includes, but is not limited to, the responsibility for the content they publish, the transactions they engage in, and their interactions with other Users.

b. Truster reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or cancel orders. This may be done without prior notice due to any violation of the Terms and Conditions, delayed Account verification, or any fraudulent or illegal activities.

3.4 Use of Account

a. The Account is personal to the User and is not transferable to any third party without the prior written consent of Truster. Users are prohibited from using anyone else’s Account at any time, except with the express permission and consent of the holder of that Account, in a manner consistent with the terms and conditions of this Agreement.

b. Truster reserves the right to pursue legal action against Users who misuse Accounts or perform unauthorized actions under another User’s Account.

Article 4: User Obligations

4.1 Lawful and Responsible Conduct

a. Each user (“User”) agrees to engage in responsible and lawful conduct at all times while accessing or using the services provided by Truster LLC (“Truster”). Users are obligated to comply with all applicable local, state, national, and international laws and regulations.

b. Users must refrain from any activity that could harm Truster, its services, its reputation, or any other user’s use and enjoyment of the services. This includes, but is not limited to, engaging in activities such as fraud, theft, harassment, defamation, spreading malware or viruses, and infringement of intellectual property rights.

4.2 Accuracy of Information

a. Users commit to providing truthful, accurate, and complete information during the account registration process and during their continued use of Truster’s services. Users must maintain the accuracy of such information and promptly update any details that change over time to ensure the continued reliability and correctness of the data. 

b. Users acknowledge that the provision of inaccurate or false information can lead to actions taken by Truster, including but not limited to suspension or termination of the User account and potential legal action if such inaccurate information results in damages or legal noncompliance.

4.3 Utilization of Escrow-Style System

a. Users are required to utilize the escrow-style system provided by Truster for all transactions facilitated through the Truster platform. This obligation is designed to enhance transaction security for both buyers and sellers by ensuring that funds are only released when mutually agreed-upon conditions have been met.

b. Users must adhere to all procedures and guidelines established by Truster regarding the escrow system, including but not limited to, payment submission within designated timeframes, compliance with transaction confirmation processes, and cooperation with dispute resolution mechanisms.

c. Failure to utilize the escrow-style system as required, or manipulation of this system for fraudulent or deceitful purposes, will be grounds for immediate account termination and possible legal action.

4.4 Adherence to Transaction Procedures

a. Users agree to follow all transaction procedures as outlined by Truster, including those procedures related to listing items, communicating with other users, shipping goods, and completing transactions. These procedures are established to ensure a safe, efficient, and effective environment for all users on the platform.

b. Users are responsible for reading and understanding the transaction procedures before engaging in transactions on the Truster platform. Ignorance of these procedures will not be considered a valid defense in dispute resolutions or in cases of non-compliance

Article 5: Transaction Procedures

5.1 Responsibilities of Sellers

a. Sellers using the Truster platform (“Sellers”) are required to provide comprehensive, accurate, and truthful descriptions of the items they list for sale. This includes, but is not limited to, providing detailed specifications, the condition of the item, any defects, the provenance of the item, and relevant images or videos.

b. Sellers affirm that all item descriptions truthfully represent the actual condition and nature of the items and agree to update the item descriptions promptly should any information change or if an error is discovered.

c. Sellers acknowledge that failure to provide accurate and truthful descriptions may result in liability for misrepresentation, transaction disputes, sanctions imposed by Truster, including account suspension or termination, and potential legal action by aggrieved Buyers or third parties.

d. All items must be shipped within 1-5 business days after payment is made by the buyer.

e. All shipments must require a signature to the courier upon delivery to assure the accuracy of the delivery address and the reception of the package. Sellers must communicate with Buyers to provide accurate information regarding the shipping of the item, avoiding any ambiguity, and to insure the package or item if necessary.

5.2 Responsibilities of Buyers

a. Buyers using the Truster platform (“Buyers”) are obligated to thoroughly review the descriptions and details provided for items they intend to purchase. This due diligence includes assessing all provided descriptions, specifications, and accompanying images or videos.

b. Buyers agree to contact Sellers directly through the platform to clarify any uncertainties or request additional information or evidence regarding the items before completing any transactions.

c. Buyers are obligated to follow the procedure by scanning the QR code when the package is received and notifying the seller, courier company or insurance company in case of an inconvenience or loss of the item to be reimbursed. However, we (Truster) will still release the money if the QR code is not scanned by the Buyer within 2 calendar days.

d. Buyers acknowledge that their failure to adequately review item descriptions may
limit their recourse for receiving items that do not meet their expectations and may weaken their positions in dispute resolutions under the terms of this Agreement.

e. Safety in Person Transactions

The overwhelming majority of Truster users are trustworthy and well-meaning. Nevertheless, when meeting someone for the first time, please remember to: Insist on a public meeting place like a bank or police department. Some police departments have buy/sell areas set aside for meetings.

• Do not meet in a secluded place or invite strangers into your home.
• Tell a friend or family member where you’re going.
• Consider having a friend accompany you.
• Trust your instincts.

Taking these simple precautions helps to make Truster safer for everyone.

5.3 Escrow-Style Payment System

a. All payments made for transactions facilitated through the Truster platform are held in escrow by Truster (“Escrow”) to safeguard the interests of both Buyers and Sellers.

b. Funds will remain in Escrow until the transaction is complete, which occurs when the Buyer confirms receipt of the item and expresses satisfaction with the delivered item as verified through the platform’s QR code system.

c. Upon successful verification by the Buyer via the QR code, Truster will release the funds to the Seller. This process ensures that the payment is only transferred once the Buyer has affirmed that the item meets the description and their expectations as per the transaction agreement.

d. In the event of a dispute, the funds will remain in Escrow until the dispute resolution process, as outlined by Truster in its Dispute Resolution Policy, is completed. This policy provides a mechanism for mediation or arbitration between the Buyer and Seller and dictates the conditions under which the Escrow funds will be released, returned, or otherwise disbursed.

e. However, if the QR code is not scanned by the Buyer within 5 business days of delivery, Truster will still release the funds to the Seller. This ensures that transactions are completed in a timely manner, even if the Buyer does not confirm receipt through the QR code system.

Article 6: Prohibited Activities

6.1 General Prohibitions: Users of the Truster platform are strictly prohibited from
engaging in any activities that are unlawful, misleading, malicious, or discriminatory. This comprehensive prohibition is designed to maintain the integrity, security, and functionality of the platform and to ensure that all users can engage in transactions safely and confidently.

6.2 Specific Prohibitions

a. Unlawful Activities: Users may not use the Truster platform for any purposes that violate local, state, federal, or international laws. This includes, but is not limited to, the sale of illegal goods, such as banned substances, stolen items, or counterfeit products, and engaging in activities like money laundering or supporting terrorist activities.

b. Misleading Activities: Users are forbidden from providing false or misleading information about their products, services, or personal identity. This includes falsification of documents, misrepresentation of item conditions, or impersonating another user or individual.

c. Malicious Activities: The introduction of harmful or malicious software, such as viruses, ransomware, or any other computer code designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment associated with the Truster platform, is strictly prohibited.

d. Discriminatory Activities: Users must not engage in or promote discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other legally protected characteristic. This includes posting discriminatory content or denying services based on these characteristics.

6.3 Spamming and Unsolicited Communications: Users are prohibited from using the Truster platform to engage in spamming activities. This includes the unsolicited sending of bulk messages, advertisements, or the promotion of services not related to the platform’s intended transactional use. All communications on the platform should be relevant to the specific transactions and conducted with the consent of the recipient.

6.4 Enforcement and Sanctions: Truster reserves the right to take any and all appropriate actions in response to breaches of these prohibitions, including, but not limited to, immediate termination of user accounts, initiation of legal action, and cooperation with law enforcement authorities in investigating and prosecuting users who violate these terms.

6.5 Reporting Prohibited Activities Users are encouraged to report any suspected prohibited activities to Truster management. Truster commits to investigating all reported incidents thoroughly and taking necessary actions to uphold the terms of this Agreement and protect its user community.

Article 7.1 Prohibited Transactions

a. General Prohibition: The following categories of goods and services are strictly prohibited from being listed, bought, or sold on the Truster platform to ensure compliance with legal standards and community guidelines:

• Adult Products: No listings promoting the buying, selling, or use of adult products.
• Alcohol: Listings may not promote the buying or selling of alcohol.
• Body Parts and Fluids: No transactions involving human body parts or fluids.
• Digital Media: Prohibition on devices that encourage unauthorized streaming
• Discrimination: All listings must adhere to applicable laws against discrimination across various personal characteristics.
• Sexually Positioned Products: Listings may not position products or services in a sexually suggestive manner.
• Stolen Goods: Listings may not promote the buying or selling of items that have been stolen.
• Subscriptions and Digital Products: Listings may not promote the buying or selling of downloadable digital content, digital subscriptions, and digital accounts.
• Gambling: Listings may not promote the buying, selling, or facilitation of online gambling for money or money’s worth, including digital currencies. Online gambling includes gaming, betting, lotteries, raffles, casinos, fantasy sports, bingo, poker, and sweepstakes in an online environment.
• Hazardous Materials: Listings may not involve hazardous materials and substances.
• Human Exploitation and Sexual Services: Strict prohibition against any form of human trafficking or sexual services.
• Prescription Drugs and Paraphernalia: No selling or buying of drugs, paraphernalia, or prescription products.
• Tobacco Products: The buying or selling of tobacco products or related paraphernalia is prohibited.
• Weapons, Ammunition, and Explosives: No transactions involving weapons or explosives.
• Medical and Healthcare Products: Listings may not promote medical and healthcare products and services, including medical devices, or smoking cessation products containing nicotine.
  Misleading, Violent, or Hateful
  Listings may not contain misleading, violent, or hateful products and offers.
  Prescription Products, Drugs, and Drug Paraphernalia: Listings may not promote
  the buying or selling of drugs, drug paraphernalia, or prescription products.
  Recalled Products: Listings may not promote the buying or selling of recalled products.

b. Digital Goods and Services: The sale of downloadable digital content, subscriptions, or digital accounts is prohibited on the platform.

7.2 Inspection and Compliance

a. Inspection Period: Truster utilizes an inspection period that allows buyers to verify goods post-delivery. This period is crucial for ensuring the item meets the agreed-upon standards and descriptions.

• Start and Length: The inspection period begins when the buyer marks the item as received or when delivery confirmation is obtained. The duration can range from 24 hours or one calendar day, as agreed upon at the start of the transaction.
• Buyer Acceptance/Rejection: During the inspection period, the buyer can accept or reject the goods based on their satisfaction with the received items.
• Escrow Management: If the buyer rejects the goods, they are expected to return them within 2 business days, bearing all associated costs. Funds are held in escrow until the transaction’s conditions are satisfactorily met.

b. Seller Rejection of Returned Goods: If the seller rejects the returned merchandise, both parties will enter a dispute resolution process facilitated by Truster.

7.3 Compliance with Prohibitions

a. Monitoring and Enforcement: Truster monitors listings and transactions for compliance with these prohibitions. Violations may result in the removal of listings, suspension of accounts, or legal action, depending on the severity of the infraction.

b. Reporting Mechanisms: Users are encouraged to report any listings or transactions that violate these prohibitions through the designated channels provided by Truster.

Conclusion

Truster LLC is dedicated to maintaining a safe, transparent, and efficient online marketplace. We strive to ensure that all transactions on our platform meet the highest standards of fairness and customer satisfaction. By participating in transactions on Truster, users agree to adhere to all terms outlined in this Refund and Return Policy, as well as our Terms and Conditions and Privacy Policy.

Compliance and Cooperation
We expect all users to comply fully with each aspect of this Policy, including the provisions regarding prohibited items and services as detailed in Article 9. Our platform’s integrity and the trust of our community depend on your cooperation and compliance. Violations of these policies may result in a range of actions, including, but not limited to, account suspension, removal of listings, and legal action.

Continuous Improvement
Truster LLC reserves the right to modify, amend, or update this Policy at any time in response to changing legal, regulatory, or operational needs. Changes to the Policy will be communicated through our platform, and we encourage users to review the Policy periodically to stay informed of any updates.

Support and Assistance
Our dedicated customer support team is available to assist you with any questions or concerns regarding our Refund and Return Policy or any other aspects of our service. Please do not hesitate to contact us at [email protected]. for assistance. For inquiries specifically related to escrow services, you can also contact Escrow.com directly at [email protected]. We are here to help ensure that your experience on the Truster platform is exceptional.

Acknowledgment

By using the Truster platform, users acknowledge that they have read, understood, and agreed to be bound by this Policy. We thank you for your trust in Truster LLC and look forward to facilitating your transactions.

Article 8: Intellectual Property Rights

8.1 Ownership of Intellectual Property: All content displayed on or accessible through the Truster platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation of such content (collectively, the “Content”), is the property of Truster LLC (“Truster”) or its content suppliers and is protected by United States and international copyright and trademark laws, as well as other intellectual property laws and treaties.

8.2 Protection of Copyright

a. Copyright Ownership: The copyright in all Content provided on the Truster platform is owned by Truster or by the respective authors, developers, or vendors of such Content. Subject to the provisions of this Agreement, Truster and/or its licensors retain all proprietary rights in the Content.

b. Restrictions: Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Truster platform and the Content strictly in accordance with this Agreement. Except as expressly authorized by this Agreement or by the copyright owner, Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, software, or services in whole or in part.

8.3 Trademark Information: The trademarks, logos, and service marks displayed on the
Truster platform (“Marks”) are the property of Truster or other third parties. Users are not permitted to use these Marks without the prior written consent of Truster or the third party that owns the Mark. Unauthorized use of any of these Marks may be a violation of federal and state trademark laws.

8.4 User-Generated Content

a. Ownership and License: Users may upload, submit, or otherwise make available text, images, videos, or other content through the Truster platform (“User-Generated Content”). Users retain ownership of any intellectual property rights they hold in that User-Generated Content. By providing User-Generated Content to Truster, Users grant Truster a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Truster platform.

b. Responsibility: Users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish User-Generated Content they submit. Furthermore, Users agree to not provide User-Generated Content that violates the intellectual property rights or other rights of another party.

8.5 Notification of Infringement: Users who believe that their intellectual property rights have been infringed upon by any Content on the Truster platform may submit a notification of claimed infringement to Truster, providing all required information as per the Digital Millennium Copyright Act (DMCA), including a physical or electronic signature, identification of the copyrighted work claimed to have been infringed, and contact information.

Article 9: Termination of Agreement

9.1 Right to Terminate Truster LLC (“Truster”) reserves the unrestricted right to terminate or suspend any user account (“Account”) or restrict access to the services provided on the Truster platform (“Services”) for any user (“User”) at any time, for any reason, at the sole discretion of Truster, without notice and without liability.

9.2 Grounds for Termination The grounds for such termination or suspension of an Account or restriction of access to Services may include, but are not limited to:

a. Breach of Terms: Any breach or violation of any provision of these Terms and Conditions by the User, as determined by Truster in its sole discretion.

b. Illegal Activity: Engagement in illegal activities or fraudulent behavior through or in connection with the Services.

c. Harmful Conduct: Actions that cause harm to Truster, other users, or third parties.

d. Inactivity: Extended periods of inactivity associated with an Account.

e. Request by Law Enforcement or Government Agencies: Compliance with requests from law enforcement or other government agencies.

f. Operational Necessity: Changes or discontinuation of the Services or aspects thereof as part of ongoing business or operational adjustments.

9.3 Procedure for Termination Upon determination that termination is necessary, Truster will take reasonable steps to notify the User of the decision to terminate their Account, unless notification would: a. Violate the law or a legal enforcement process. b. Compromise an investigation. c. Pose a threat to any user’s personal safety or the security of the platform.

9.4 Effect of Termination Upon termination:
a. The User’s access to their Account and Services will immediately cease.

b. All related rights granted to the User under these Terms and Conditions will immediately cease.

c. Any outstanding balances or obligations incurred by the User prior to termination
will remain owed and payable.

9.5 Post-Termination Responsibilities Truster may retain any data associated with the terminated Account for a period at its discretion in compliance with applicable laws and regulations for the purposes of compliance with legal obligations, enforcement of these Terms and Conditions, and resolution of disputes.

9.6 Right to Appeal Users may have the right to appeal a termination decision by contacting Truster within a specified period from the date of termination notice, providing reasons why the decision to terminate the Account should be reversed. Truster reserves the right to consider such appeals at its discretion.

9.7 Survival of Terms Termination of an Account or access to Services shall not affect any accrued rights and obligations of either the User or Truster up to the date of termination, nor shall it affect any provision of these Terms and Conditions intended, either expressly or by implication, to come into force or continue in force on or after such termination.

Article 10: Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties
a. “As Is” Basis: Truster LLC (“Truster”) provides the Truster platform and its associated services (collectively, the “Services”) on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

b. No Warranties for Content: Truster makes no warranties or representations about the accuracy, completeness, reliability, or timeliness of the content, information, software, text, graphics, links, or other items contained within the Services.

c. No Warranties for Interruptions: Truster does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

10.2 Limitation of Liability

a. General Limit: To the fullest extent permitted by applicable law, Truster shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Truster has been advised of the possibility of such damages), resulting from: i. The use or the inability to use the Services; ii. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; iii. Unauthorized access to or alteration of your transmissions or data; iv. Statements or conduct of any third party on the Services; v. Any other matter relating to the Services.

b. Cap on Liability: In no event shall Truster’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) exceed the amount paid by you, if any, for accessing or participating in any activity related to the Services.

10.3 Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Truster’s liability will be limited to the greatest extent permitted by law.

10.4 User Acknowledgment By using the Services, you acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the Services would not be provided to you without such limitations.

Article 11: Indemnification

11.1 Indemnity Agreement You, the user (“Indemnifying Party”), agree to defend, indemnify, and hold harmless Truster LLC (“Truster”), its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from
your (or anyone using your account’s) violation of these Terms and Conditions, or violation of any laws, regulations, or third-party rights.

11.2 Scope of Indemnification

a. Breach of Terms and Conditions: Indemnification includes any breach of this Agreement, including, but not limited to, the misrepresentation of your authority to enter into this Agreement, failure to comply with prohibited activities, or provision of false information to Truster or other users.

b. Violation of Laws: Indemnification also pertains to your violation of any applicable local, state, national, or international laws or regulations that results in loss or liability to the Indemnified Parties.

c. Third-Party Rights: This includes any infringement or misappropriation of any intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any third party.

11.3 Defense and Control of Claims: Truster retains the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Truster, and you agree to cooperate with Truster’s defense of these claims. You agree not to settle any matter without the prior written consent of Truster. Truster will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11.4 Survival of Indemnification Obligations Your indemnification obligations under this Agreement will survive the termination or expiration of these Terms and Conditions and your use of the Truster service. This provision remains in effect regardless of whether you cease using the services or your account is terminated.

Article 12: Dispute Resolution

12.1 Mandatory Binding Arbitration

a. Agreement to Arbitrate: You agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory binding arbitration. This arbitration will take place in Texas unless otherwise agreed upon by all parties involved.

b. Governing Rules: The arbitration shall be governed by the Arbitration Rules of the [Insert Arbitration Association] (“Arbitration Association”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12.2 Arbitration Procedures

a. Initiation of Arbitration: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Truster LLC’s registered agent/legal department.

b. Selection of Arbitrator: The arbitration will be conducted by a single neutral arbitrator selected in accordance with the rules of the [Insert Arbitration Association].

c. Arbitration Hearings: Depending on the nature of the claim, arbitration hearings will either be conducted in person at a mutually agreed location, via telephone, or through written submissions, as determined appropriate by the arbitrator.

12.3 Costs of Arbitration

a. Fees: The payment of filing fees, administration fees, and arbitrator fees will be governed by the rules of the [Insert Arbitration Association]. Each party will be responsible for their own attorneys’ fees unless the arbitrator’s decision includes an award of attorneys’ fees to the prevailing party.

b. Division of Costs: Unless the arbitrator determines that the arbitration claims, defenses, or other fee-generating actions were frivolous or asserted for an improper purpose, each party bearing its own costs and expenses is standard.

12.4 Exceptions to Arbitration

a. Equitable Relief: Notwithstanding the provisions of this Article, Truster may seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property or other proprietary rights.

b. Small Claims: Claims within the scope of a small claims court’s jurisdiction may be brought in such court without first engaging in arbitration.

12.5 No Class Actions You and Truster agree that any arbitration shall be conducted in your and Truster’s individual capacities only and not as a class action or other representative action, and you and Truster expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class
basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

12.6 Binding Effect This arbitration agreement will survive the termination of your
relationship with Truster.

Article 13: Changes to Terms and Conditions

13.1 Right to Modify Terms

a. Authority to Modify: Truster LLC (“Truster”) reserves the exclusive right and authority to modify, amend, or update these Terms and Conditions (the “Terms”) at any time, in its sole discretion, without prior notice to you. The rationale for modifications may include, but is not limited to, adapting to changes in the law, adjustments in our services, or enhancements in the protection of user data and transactions.

13.2 Notification of Changes

a. Method of Notification: Truster will provide notice of such changes by updating the “Last Updated” date located at the top of these Terms and by posting a notice on the Truster platform.

b. Location of Updated Terms: An updated version of these Terms will always be accessible through the Truster platform. You are encouraged to review the Terms periodically to stay informed of updates and changes.

13.3 Acceptance of Revised Terms

a. Implicit Acceptance: Your continued use of the Truster platform and its services after any changes to these Terms are posted constitutes your acceptance of such changes. If you do not agree with the modified Terms, you should discontinue your use of the Truster platform.

b. Active Confirmation: Depending on the nature and scope of the changes, Truster may require you to provide explicit consent to the updated Terms before further use of the Truster platform or services.

13.4 Effect of Changes

a. Retroactive Changes: Changes made to these Terms will not be applied retroactively and will only apply to disputes or troubles arising concerning events occurring after the posted changes.

b. Specific Changes: Certain conditions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Truster platform, which may be posted from time to time.

13.5 Responsibility to Review Changes It is your responsibility to check these Terms periodically for changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Truster grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the platform.

Article 14: Contact Information

14.1 Communication Channels

a. Primary Method of Contact: Users wishing to contact Truster LLC (“Truster”) regarding these Terms and Conditions or any other policy or service matter are encouraged to direct their inquiries to Truster’s designated email address: [email protected]

b. Alternative Methods: Alternatively, users may contact Truster by sending mail to the following postal address: 404 Florencia Plaza, Dallas, TX 75211, or by calling the customer service number: (920) 489-5726

14.2 Purpose of Contact

a. Queries: For any questions, clarifications, or information regarding the Terms and Conditions governing the use of the Truster platform.

b. Concerns and Complaints: For any concerns, complaints, or issues arising from the application of these Terms, or any disputes or disagreements with the policies or practices of Truster.

c. Suggestions and Feedback: Users are encouraged to provide feedback, suggestions, or comments on how Truster can improve its services and policies.

14.3 Response Time Truster aims to respond to all communications from users within a reasonable time frame, typically within 5 business days.

14.4 User Responsibilities

a. Accurate Information: When contacting Truster, users should provide their correct name, contact information, and a clear description of their question or issue to ensure an effective response.

b. Follow-Up: If the initial communication does not resolve the issue, or if further clarification is needed, users are encouraged to follow up using the same or an alternative method listed above.

14.5 Documentation of Communication Truster maintains records of user communications for quality assurance, training purposes, and documentation of compliance and dispute resolution processes. Users consent to the recording and storage of such communications by initiating contact with Truster.

14.6 Legal Notices For the delivery of any legal notices required by law or arising from disputes related to the Terms and Conditions, users must use the formal postal address provided. Legal notices by email will only be accepted at a designated email address if explicitly stipulated by Truster in these Terms.