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▼ Terms and Conditions
TERMS OF SERVICE
Last Updated: June 20th, 2024
PLEASE READ THE TERMS OF SERVICE CAREFULLY. THE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF AND PARTICIPATION ON THE SERVICE (DEFINED BELOW).
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).
Introduction
Welcome! The Terms of Service (the “Terms”) govern the website http://www.PivitMB.com (including both mobile and online versions) and all related websites (the “Site”), the mobile app (the “App”), and your use of interactive features, widgets, content, and/or other online services that we own and control and that post a link to these Terms (collectively with the Site and the App, the “Service”), which are made available by Trust MB Ltd. (“we,” “our,” or “us”). By using the Service, you acknowledge and accept the Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.
If You Want to Use the Service,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.
Trust MB Ltd. may now or in the future provide banking and other financial services for businesses and consumers through the Service. Businesses may only use the Service for business purposes, and a business’s use of or access to the Service for consumer or non-commercial purposes is strictly prohibited and in violation of these Terms. Consumers may only use the Service for personal purposes, and a consumer’s use of or access to the Service for business or commercial purposes is strictly prohibited and in violation of these Terms.
The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms—such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes—we would not make the Service available to you. These Terms are not intended to modify any disclosures or other terms that are required by law.
By accessing and/or using the Service, you agree to be bound by these Terms. The Customer bears sole responsibility for adhering to all policies, account and card agreements, client agreements, disclosures, and other relevant documents provided or mandated by the Company’s banking-as-a-service providers, its sponsoring bank, partner financial institutions, or bank service providers. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Nothing contained on the Service is intended to constitute tax or financial advice. The information and materials on the Service are not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument of Trust MB Ltd., its affiliates, or any other issuer or company. No content or comments made by Trust MB Ltd., its employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements or recommendations. You are responsible for all financial decisions you make on the Service or based upon information you obtain on the Service. Trust MB Ltd.’ products and services are offered to you upon the express condition that you will fully evaluate your own financial circumstances, the terms of the products and services, are fully responsible for your own financial decisions. Only you can consider your financial situation and circumstances. You agree to pursue a Trust MB Ltd. product or service only after you have determined it is right for you.
Full Details of the Terms of Service
1. Service Features and Access, Identity Authentication and Background Checks
A. Service Features.
Overview. By creating a Trust MB Ltd. account, you may receive access to the various features on the Service, including, but not limited to, a demand deposit account (your “Trust MB Ltd. Deposit Account”), virtual and physical cards that you can use to make purchases using funds in your Trust MB Ltd. Deposit Account (your “Trust MB Ltd. Cards”), debt financing, and other services as made available from time to time by Trust MB Ltd.. We may establish and maintain any other functionality from time to time and in our sole discretion.
NO LEGAL, TAX, OR FINANCIAL ADVICE. TRUST MB LTD. DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SERVICE. TRUST MB LTD. IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. TRUST MB LTD. ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION.
B. Account Access. No one under eighteen (18) years of age is allowed to create an account or use the Service. In order to access or use some (or potentially all) of the features on the Service, you may be required to first apply for a user account through our application process that we make available through the Service and, if your application is accepted in Trust MB Ltd.’ sole discretion and you register for a user account, pay a membership fee as described in Section 4. The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We may provide your information to our Banking Services Provider and other third-party service providers to determine your eligibility for the Service along with meeting requirements set by state and federal laws. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits—all in our sole discretion, for any reason, and without advance notice or liability. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our Service in a technical way.
C. Identity Authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and certain information. This may include asking you for further information, requiring you to provide your company information, date of birth, and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your information against third party databases or through other sources, thus obtaining and verifying all documentation and identification for the beneficiary owners. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain services on the Service, federal law may require additional information from you to verify your identity and/or the identity of your business, to obtain other information about you and/or your business, to open and maintain accounts and aspects of the Service, to assess your financial condition, and to evaluate the risks associated with your business. You expressly consent and authorize us to retrieve information about you and/or your business and its owners or directors from our vendors and other third parties to assess the history and risks of the business and to prevent fraud, including by obtaining information from credit reporting agencies and information bureaus, which you authorize and direct to compile and provide such information to us. Trust MB Ltd. reserves the right to close, suspend, or limit access to your account and/or the Service in the event we are unable to obtain or verify this information.
D. Background Checks. Trust MB Ltd. reserves the right, at our discretion, to perform any and all reasonable investigations for the purpose of verifying information about you, such as source of funds, credit profile, background history, and criminal history along with all documentation and identification for determining the beneficiary owners. When you register for an account on the Service, you authorize and consent for Trust MB Ltd. to conduct a background check on you, including, without limitation, for the purpose of fulfilling federal and state compliance obligations. You expressly waive the right to receive any disclosures that would normally be required to be made to you by applicable laws as part of an employment screening as you acknowledge that the purpose of the background check is not for employment purposes but rather to ensure lawful and proper use the Service. Trust MB Ltd. may use a third party service provider to issue the background check and you authorize Trust MB Ltd. to provide your information to such third party for purposes of obtaining such background check. To the extent you fail the background check, in Trust MB Ltd.’ sole and absolute discretion, you may be denied the ability to access and use the Service. TRUST MB LTD. RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS OR OTHER THIRD PARTY SOURCES. YOU EXPRESSLY CONSENT TO TRUST MB LTD. CONDUCTING SUCH A BACKGROUND CHECK AT THE TIME YOU REGISTER FOR AN ACCOUNT ON THE SERVICE.
2. Content, Ownership, Limited License, and Rights of Others
A. Content. The Service contains a variety of: (i) materials and other items relating to Trust MB Ltd., and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Trust MB Ltd. (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Trust MB Ltd., our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Trust MB Ltd. or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Trust MB Ltd. owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
C. Limited License to Content. Subject to your strict compliance with these Terms (including payment of any requested membership fee pursuant to Section 4 (if any)) and any Additional Terms, Trust MB Ltd. grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Trust MB Ltd.’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
D. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Trust MB Ltd. and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
3. Service and Content Use Restrictions
A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Trust MB Ltd.; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Trust MB Ltd., or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix): (a) use false or deceptive identities, names, accounts, or other personal information; (b) deploy or otherwise use bots, malware, viruses, or scrapers; (c) engage in any activities that are designed to defraud or game Trust MB Ltd. or third parties; or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, Trust MB Ltd. or Trust MB Ltd. branded sites, systems, or services that can enable the tracking of Service activities or users, except with Trust MB Ltd.’ prior express written approval; or (x) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Trust MB Ltd. or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Service and Content. Trust MB Ltd. may immediately modify, interrupt, suspend, or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Trust MB Ltd.’ sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Trust MB Ltd. and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
4. Terms Applicable to Fees
A. Generally. To use the products and services available on the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence and may be required to pay a recurring membership fee for your account. To pay the fee, we will debit the fee amount from your Trust MB Ltd. Deposit Account balance, even if the fee makes your balance negative, or another payment method that you authorize, such as a valid credit/debit card or bank account. To authorize another payment method to pay the fee, you will be required to provide us with the following, as applicable: (i) your name as it appears on the card or bank account, (ii) your credit/debit card number or bank account number, (iii) your bank account financial institution and routing number, (iv) the credit/debit card type, (v) the date of expiration, or (vi) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting credit card information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any membership, product, or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Trust MB Ltd. will automatically bill your credit/debit card, bank account, or other form of payment submitted for all applicable fees until the Service is terminated, and any and all outstanding fees have been paid in full. If we cannot process payment of fees using your payment method on file, we will make a second attempt to process the payment using the payment method on file within three (3) days. If the second attempt is unsuccessful, we will notify you, and may suspend and revoke access to the Service. If your account is suspended, your account will be reactivated upon payment of any amounts owed. If the outstanding fees remain unpaid for sixty (60) days following the date of suspension, then Trust MB Ltd. reserves the right to terminate your account. You will be charged via invoice each month on your billing date for all outstanding fees that have not previously been charged or collected. All fees are exclusive of applicable taxes, however you are responsible for all applicable taxes that arise from or as a result of your use of the Service. You may change your payment method through your account settings.
B. Cancellation of Membership. You have the right to cancel your account at any time through your account settings on the Service’s platform and by following the appropriate steps described to successfully cancel your account. If you have issues cancelling your account or membership, please email us at support@Trust-MB.com.
C. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Trust MB Ltd. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Trust MB Ltd. further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the membership term or quantity you ordered of any item. Your order will be deemed accepted by Trust MB Ltd. upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the term or quantity you ordered, your sole and exclusive remedy is either that: (i) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); (ii) we will issue a refund to your debit card or bank account in the amount charged for the cancelled portion or the quantity not provided (if your debit card or bank account has already been charged for the order); or (iii) we will not charge your credit/debit card or bank account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Trust MB Ltd. has been effected until you receive a confirmation from Trust MB Ltd. via email or the Service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed before your cancellation/change request or a request to terminate your account was received.
D. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product, or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Trust MB Ltd. shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card, debit card, bank account, or other account prior to cancellation, we will issue a credit or refund to that account in the amount of the charge. Additional terms may apply. If any product you purchase from Trust MB Ltd. is not as described once you receive it, your sole remedy is to return it in unused condition, complete, and undamaged, in the original packaging.
E. Modifications to Prices or Billing Terms. The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. TRUST MB LTD. RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
5. Feedback You Submit
A. General. Trust MB Ltd. may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User–Generated Content”). Trust MB Ltd. may allow you to do this through forums, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
B. Non–Confidentiality of Your User–Generated Content. Except as otherwise described in the Service’s posted Privacy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential—regardless of whether you mark them “confidential,” “proprietary,” or the like—and will not be returned; and (b) Trust MB Ltd. does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Trust MB Ltd.’ request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Trust MB Ltd., please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Trust MB Ltd. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Trust MB Ltd.’ receipt of your Unsolicited Ideas and Materials is not an admission by Trust MB Ltd. of their novelty, priority, or originality, and it does not impair Trust MB Ltd.’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
C. License to Trust MB Ltd. of Your User–Generated Content. Except as otherwise described in any applicable Additional Terms, you grant to Trust MB Ltd. the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (ii) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Trust MB Ltd. to your User-Generated Content, you also hereby grant to Trust MB Ltd., and agree to grant to Trust MB Ltd., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(C).
D. Exclusive Right to Manage Our Service. Trust MB Ltd. may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Trust MB Ltd. may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
E. Representations and Warranties Related to Your User–Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (i) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Trust MB Ltd. the rights to it that you are granting by these Terms and any Additional Terms, all without any obligation to obtain consent of any third party and without creating any obligation or liability of Trust MB Ltd.; (ii) the User-Generated Content is accurate; (iii) the User-Generated Content does not and, as to Trust MB Ltd.’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iv) the User-Generated Content will not violate these Terms or any Additional Terms, or cause injury or harm to any person.
F. Enforcement. Trust MB Ltd. has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Trust MB Ltd.’ cost and expense, to which you hereby consent and irrevocably appoint Trust MB Ltd. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
6. Notices and Questions
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have a question regarding using the Service, you may contact us at support@Trust-MB.com. You acknowledge that the provision of customer support is at Trust MB Ltd.’ sole discretion and that we have no obligation to provide you with customer support of any kind.
7. Links by You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (i) the links only incorporate text, and do not use any Trademarks; (ii) the links and the content on your website do not suggest any affiliation with Trust MB Ltd. or cause any other confusion; and (iii) the links and the content on your website do not portray Trust MB Ltd. or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Trust MB Ltd.. Trust MB Ltd. reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
8. Linked Services; Advertisements; Dealings with Third Parties
A. Linked Services; Advertisements. The Service may contain links, as part of certain Services, third-party ads on the Service, or otherwise, to or from third-party websites (the “Linked Services”), including websites operated by licensors, licensees, advertisers, and certain other third parties who may have business relationships with Trust MB Ltd.. Trust MB Ltd. may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Trust MB Ltd. does not assume any obligation to review any Linked Services. Trust MB Ltd. does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Trust MB Ltd. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Trust MB Ltd. will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and/or sale, and rules issued by the operator of the Linked Services. Trust MB Ltd. disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Trust MB Ltd. disclaims all liability in connection therewith.
9. Wireless Features
A. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. By providing us with your phone number, you agree that Trust MB Ltd. may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you. Trust MB Ltd. will disclose to the customer any call that is recorded for quality assurance and training purposes and the customer must provide consent to the recording.
C. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from us, our agents, and affiliates related to your account(s), transactions, offers regarding products or services, and/or your relationship with Trust MB Ltd.. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Trust MB Ltd. may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means. You agree to receive automated calls and text messages from Trust MB Ltd., our agents, and affiliates even if you cancel your account or terminate your relationship with us, unless you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
10. Dispute Resolution
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Trust MB Ltd.’ actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth in Section 10(D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent via certified U.S. mail to our corporate address. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, Trust MB Ltd. and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, through an informal telephonic dispute resolution conference between you and Trust MB Ltd. in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Trust MB Ltd. to resolve the Dispute or Excluded Dispute on terms with respect to which you and Trust MB Ltd., in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference.
B. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 9(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 10(A); (b) filing for arbitration with JAMS as set forth in Section 10(B); or (c) filing an action in state or federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
C. Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by Trust MB Ltd. to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, the Content, your User-Generated Content, these Terms and/or Trust MB Ltd.’ intellectual property rights (including such Trust MB Ltd. may claim that may be in dispute), Trust MB Ltd.’ operations, and/or Trust MB Ltd.’ products or services.
D. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws and courts of the nation of Sweden, without regard to its conflicts of law provisions.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Trust MB Ltd., its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Trust MB Ltd. Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(i) the Service (including the Content and the User-Generated Content);
(ii) the functions, features, or any other elements on, or made accessible through, the Service;
(iii) any products, services, developer code or instructions offered or referenced at or linked through the Service;
(iv) security associated with the transmission of your User-Generated Content transmitted to Trust MB Ltd. via the Service;
(v) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(vi) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
(vii) whether any defects to, or errors on, the Service will be repaired or corrected;
(viii) whether your access to the Service will be uninterrupted;
(ix) whether the Service will be available at any particular time or location; and
(x) whether your use of the Service is lawful in any particular jurisdiction.
For business-to-business payments, you further agree to abide by the Terms of Service provided by our vendor Mercoa. The terms of service and further information on business-to-business payments can be reviewed here.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A TRUST MB LTD. PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE Trust MB Ltd. PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
12. LIMITATIONS OF OUR LIABILITY
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TRUST MB LTD. PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
(i) the Service (including the Content and the User-Generated Content);
(ii) your use of or inability to use the Service, or the performance of the Service;
(iii) any action taken in connection with an investigation by Trust MB Ltd. Parties or law enforcement authorities regarding your access to or use of the Service;
(iv) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(v) any injury or damages you sustain directly or indirectly as a result of your use of the Service;
(vi) any errors or omissions in the Service’s technical operation; or
(vii) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Trust MB Ltd. Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUST MB LTD. PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Trust MB Ltd. TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
13. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE CHANGES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
14. General Provisions
A. Trust MB Ltd.’ Consent or Approval. As to any provision in these Terms or any Additional Terms that grant Trust MB Ltd. a right of consent or approval, or permits Trust MB Ltd. to exercise a right in its “sole discretion,” Trust MB Ltd. may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by Trust MB Ltd. without being in writing and signed by an officer of Trust MB Ltd..
B. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Trust MB Ltd. Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Trust MB Ltd. Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) any other party’s access and/or use of the Service with your account; and (viii) Trust MB Ltd. Parties’ use of the information or content that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Trust MB Ltd. Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Trust MB Ltd. Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Trust MB Ltd. Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Trust MB Ltd. Party.
C. Operation of Service; Availability of Products and Services; International Issues. Trust MB Ltd. controls and operates the Service from its U.S.-based offices, and the Service is primarily intended for users located in the U.S. Trust MB Ltd. makes no representation that the Service is appropriate or available for use beyond the U.S. These Terms comply with U.S. law only. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
D. Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S. No software from the Service may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria); (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
E. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
F. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email and/or text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. 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.
G. Investigations; Cooperation with Law Enforcement; Termination; Survival. Trust MB Ltd. reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by Trust MB Ltd. in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Trust MB Ltd. under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Trust MB Ltd., all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Trust MB Ltd. in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
H. Assignment. Trust MB Ltd. may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Trust MB Ltd..
I. No Waiver. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or Trust MB Ltd. in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict Trust MB Ltd.’ right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
J. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
▼ Privacy Policy
Trust MB Ltd. Program Privacy Policy
Effective Date: June 20th 2024
This policy describes how Trust MB, (“we,” “us,” or the “Trust MB Ltd.”) collects, aggregates, stores, safeguards, and uses the data and information (including non-public personal information, or “NPI”) provided by users through our website, http://www.PivitMB.com (the “Site”), as well as information collected by us through other means, including by email, over the phone, or in offline communications. This Site is operated by Trust MB Ltd. and has been created to provide information about our Trust MB Ltd., products, and services (together, the “Services”).
We take your privacy and the security of your information seriously.
This policy explains:
- What information we collect, and how we use it
- Choices you can make about the way your information is collected and used
- How we protect personal information electronically and physically
This policy is incorporated into and a material term of your registration and/or use of Trust MB Ltd.’s products and services, including our website, http://www.PivitMB.com. By using the Site or Services, you consent to the practices set forth in this Privacy Policy.
When the Privacy Policy mentions “Company,” “we,” “us,” or “our,” it refers to the Trust MB Ltd. Name, a corporation and the Trust MB Ltd. Name. you are contracting with in this policy. Trust MB Ltd. Name. referred to herein as “Trust MB Ltd.” unless the context requires otherwise.
INFORMATION WE COLLECT
Information You Provide to Us
Trust MB Ltd. collects information from you when you choose to provide it to us through the Site or through any other means. This may include when you create an account on the Site, register or request products or services, request information from us, sign up for newsletters or our email lists, use our Site, or otherwise contact us.
The information we collect may include your name, address, email address, telephone or mobile phone number, information relating to your employment or professional activities and financial account information. You may be required to provide certain personal and/or business information to apply for and receive Trust MB Ltd. products services.
Information We Automatically Collect
We may use cookies or other technologies to automatically collect certain information when you visit our Site or interact with our emails. For example, if you are responding to an offer, promotional email or other email from us, we may automatically populate your personal information into our system once you enter your offer code or similar identifying device or otherwise accept your offer or promotion. Additionally, we may automatically collect certain non-personal information from you such as your browser type, operating system, software version, and Internet Protocol (“IP”) address. We also may collect information about your use of the Site, including the date and time of access, the areas or pages that you visit, the amount of time you spend using the Site, the number of times you return, whether you open, forward, or click-through emails, and other Site usage data.
You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Please note that our system may not respond to Do Not Track requests or headers from some or all browsers.
HOW WE USE INFORMATION WE COLLECT
Trust MB Ltd. uses the data and information you provide in a manner that is consistent with this Privacy Policy and applicable law. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Site or Services, we will use your personal data to provide you with access to such services and to monitor your use of such services.
Trust MB Ltd. may also use your personal data and other personally non-identifiable information collected through the Site or the provision of the Services to help us improve the content and functionality of the Site or the Services, to better understand our users and to improve the Site and the Services. Trust MB Ltd. and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
SHARING OF INFORMATION WE COLLECT
Trust MB Ltd. is not in the business of selling your information. There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:
Agents, Consultants, and Third-Party Service Providers:
Trust MB Ltd., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Business Transfers:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.
Related Companies:
We may also share your personal data with our corporate affiliates and subsidiaries, if any, for purposes consistent with this Privacy Policy.
Legal Requirements:
Trust MB Ltd. may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Trust MB Ltd., (iii) act in urgent circumstances to protect the personal safety of users of the Site, the Services or the public, or (iv) protect against legal liability.
LINKS TO OTHER WEBSITES
The Site may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites, nor does any such link imply that Trust MB Ltd. endorses or has reviewed the third party site subject to such link. We suggest contacting those sites directly for information on their privacy policies.
CHILDREN AND MINORS
Trust MB Ltd. does not knowingly collect personal data from minors under the age of 18. If you are under the age of 18, please do not submit any personal data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data without their permission. If you have reason to believe that a minor under the age of 18 has provided personal data to Trust MB Ltd. through the Site or the Services, please contact us, and we will endeavor to delete that information from our databases.
DATA SECURITY
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal data to the Trust MB Ltd. via the Internet.
ACCESS TO YOUR PERSONAL INFORMATION
To keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via the Services.
Who Can I Contact at Trust MB Ltd. Regarding Data Protection Issues?
Trust MB Ltd. has designated a Data Protection Officer to assist with data privacy and data protection issues. You may contact him or her by emailing support@trust-mb.com and addressing your questions or concerns to the Data Protection Officer.
IF YOU HAVE QUESTIONS
If you have any questions about this Privacy Statement or the practices described herein, you may contact us at: support@trust-mb.com.
CHANGES TO THIS STATEMENT
Trust MB Ltd. reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Site. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site and the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.