Terms and conditions


Terms of service

Your access and use of the Trusource labs, Inc. VIP StartMeUp website, applications, features, software and services provided by Trusource labs ("Trusource," “Trusource labs,” “TSL,” “VIP StartMeUp,” "we," "us," or "our"), is subject to the terms and conditions in this End User Agreement (“EUA").

THE FOLLOWING END USER AGREEMENT (“EUA”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH TSL IS WILLING TO PROVIDE THE VIP StartMeUp PREMIUM SUPPORT SERVICES (“Services”) TO “YOU” AS AN INDIVIDUAL USER OR AN AUTHORIZED REPRESENTATIVE OF AN ENTITY. BY ACCEPTING THIS AGREEMENT, YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT WITH TSL. THE TERMS AND CONDITIONS OF THE AGREEMENT THEN APPLY TO YOUR USE OF THE SERVICES AND RELATED SUBSCRIPTION SERVICES. PLEASE PRINT THIS AGREEMENT FOR YOUR RECORDS AND SAVE A COPY ELECTRONICALLY.

You must be at least 18 years old and have attained the age of majority in the state, province or country where You live to enter into this EUA. If You are acquiring the Software or Premium Support Services on behalf of an entity, then You must be properly authorized to represent that entity and to accept this Agreement on its behalf. If you do not accept this EUA, then you may not use the Service. If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such other entity to this EUA. If you do not have such authority, then you may not use the Service on behalf of your employer and you must discontinue all use of the Service.

EUA Updates. Trusource labs may update this EUA at any time and Trusource labs will post the updated version of the EUA on the website. You understand and agree that you will be deemed to have accepted the updated EUA if you use the website or the Service after the updated EUA is posted. If at any point you do not agree to any portion of this EUA then in effect, you must discontinue all use of the Service.

Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges you incur when accessing and/or using the Service. You acknowledge and agree that Trusource labs may make changes to the Service at any time without notifying you in advance.

Termination of Service. Trusource labs reserves the right to deny service to any person or entity at Trusource labs’s sole discretion. You acknowledge and agree that Trusource labs may stop providing the Website and/or the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this EUA and/or if Trusource labs suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity.

 

Fees and Security

Fees. You agree to pay all fees and applicable taxes incurred by you. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the Services fee becomes payable. Trusource labs may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes will be effective immediately upon posting an update of this EUA or posting such changes elsewhere on the Website.  If there is a dispute regarding your payment of fees, or the Service, you must dispute the charge within 72 hours of receiving the Services.  If you fail to dispute a charge within such 72 hour period, you are deemed to have consented to the charge and to the Services provided.  YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART.

Payment Processor. Trusource labs uses a third-party payment processor (the "Payment Processor") to link your credit card to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these EUA. Trusource labs is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Trusource labs will obtain certain transaction details, which Trusource labs will use solely in accordance with its Privacy Policy.

Termination by Trusource labs. Trusource labs may at any time terminate your Services if:

  • Trusource labs determines you are (a) in breach of or otherwise acting inconsistently with this EUA or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to Trusource labs; or
  • Trusource labs decides to stop providing the Service or critical portions of the Service in the country where you reside, or Trusource labs determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.

Delivery of the Services

As part of the delivery of the Services, a TSL technician will provide VIP StartMeUp Services over video chat, supplemented with email & SMS/Text for administration, coordination, follow-up and advice.

Software Tools:  In providing the Services, TSL will request that You install certain App’s/Software Tools by downloading them from the Android or Apple app web store, to allow for a video chat session to take place.  You understand there may be a report created and the video chat session may be recorded.

Third Party Software for the Services.  Use of third party software for the Services is subject to the terms and conditions of the applicable third-party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to Trusource labs to enforce any of your rights in relation thereto. All modifications or enhancements to the Software and the Service remain the sole property of Trusource labs. Trusource labs reserves the right to add or remove features or functions to the Software at any time in its sole discretion.

Uninstalling Third Party Software. If you wish to uninstall the Software used for the Services, please refer to the applicable third-party software as to how to uninstall software applications, extensions or plug-ins.

License, Restrictions and Conditions of Use

Use of the Website. Trusource labs permits you to view and use the Website solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Website or through the Service.

Using & Receiving the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interfaces provided by Trusource labs.

No Violation of Laws. You agree you will not, in connection with your use of the Website or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree you will not make available through the Website and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

Use Restrictions. You may not use the Website or Service in any way not expressly permitted by this EUA.

You may not: (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Trusource labs; or (c) make any false, misleading or deceptive statement or representation regarding Trusource labs and/or the Website or the Service.

Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Website and/or the Service of the Website and/or the Service or any other person’s or entity’s use of the Website and/or the Service (or any servers, systems or networks connected to the Website or the Service); (ii) attempt to gain unauthorized access to the Website, the Service, accounts registered to other users, or any servers, systems or networks connected to the Website and/or the Service; (iii) use the Website or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Website or the Service, unless you are specifically authorized to do so in a separate written agreement with Trusource labs; (iv) use the Website or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.

No Data Mining or Harmful Code.You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Website or the Service.

Violation of this EUA. You acknowledge and agree that you are solely responsible, and Trusource labs has no responsibility or liability to you or any other person or entity, for any breach by you of this EUA or for the consequences of any such breach. Trusource labs may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this EUA.

Links

Links from the Website. The Website may contain links to websites operated by other parties. Trusource labs provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Trusource labs and Trusource labs is not responsible for the content available on the other websites. Such links do not imply Trusource labs’s endorsement of information or material on any other website and Trusource labs disclaims all liability with regard to your access to and use of such linked websites.

Links to the Website. Unless otherwise set forth in a written agreement between you and Trusource labs, you must adhere to Trusource labs’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Trusource labs’s and/or its licensors’ names and trademarks.

Intellectual Property

Trademarks. The Trusource labs name and the VIP StartMeUp name and logo are trademarks and service marks of Trusource labs. Unless permitted in a separate written agreement with Trusource labs, you do not have the right to use any of Trusource labs’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

Ownership. You acknowledge and agree that Trusource labs, or its licensors, owns all right, title and interest in the Website and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Website and the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Trusource labs has designated as confidential and you agree not to disclose such information without Trusource labs’s prior written consent.

Copyright Agent. Trusource labs respects the intellectual property rights of others, and requires that the people who use the Website and the Service do the same. Trusource labs maintains a policy of terminating users of Website and/or the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: CEO
Trusource labs
13011 McCallen Pass, Suite 200
Austin, TX 78758
Email: marketing@trusourcelabs.com

Third Party Software and Services. The Service may be incorporated into technology, software and services owned and controlled by third parties. Use of such third-party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to Trusource labs with respect to your rights in relation to third party software, technology and/or services.

Privacy Policy. By accepting this EUA or using the Website and/or the Service, you represent that you have read and consent to our Privacy Policy in addition to this EUA. Trusource labs may revise the Privacy Policy at any time and the new versions will be posted on the Website.

Location. The Website and the Service are operated by Trusource labs in the United States. If you choose to access the Website and/or the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

 

Submitted Content

Content of Communications. Trusource labs is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Trusource labs may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this EUA. Further, Trusource labs may in its sole discretion remove such content and/or terminate this EUA and your Account if you use any content that is in breach of this EUA.

Trusource labs does not claim ownership of any communications or materials you submit or make available through the Website and/or the Service ("Submitted Content") via Forums, Blogs, email functions, chat functions or any other function on the Website and/or Service which allows you to post, upload, edit, host, share and/or publish content.. With respect to such Submitted Content, you grant Trusource labs a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicenseable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of such Submitted Content in connection with the Service and Trusource labs's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any Submitted Content at any time; however, you acknowledge and agree, that Trusource labs may still have access to such Submitted Content and that the above licenses granted by you to Trusource labs will remain despite your removal of such Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section

You acknowledge and agree that: (i) by using the Website or Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Trusource labs has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on the Website or Service; (iii) Trusource labs does not guarantee any confidentiality with respect to Submitted Content, whether or not they are published (iv) Trusource labs is not responsible for any Submitted Content that you may have access to through your use of the Website or Service and all Submitted Content are the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) Trusource labs has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) Trusource labs may not be able to remove certain Submitted Content that is uploaded onto another user’s device. Trusource labs does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that Trusource labs has the right to pre-screen any Submitted Content, but no obligation to do so. At Trusource labs’s sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, Trusource labs and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Website and/or the Service that violates this EUA or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.

You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstance, will Trusource labs be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

You acknowledge and agree that you are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Trusource labs is not responsible or liable for the conduct of any users. Trusource labs reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.

Children. The Website and the Service are not directed toward children under 18 years of age nor does Trusource labs knowingly collect information or perform the Services for children under 18. If you are under 18, do not submit any personal information to Trusource labs.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUSOURCE LABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TRUSOURCE LABS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF THE WEBSITE OR THE SERVICE.

TRUSOURCE LABS DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE CORRECTED; OR (e) THE WEBSITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER SMART HOME TECHNOLOGY AND/OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUSOURCE LABS, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES"), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR THE SERVICE, EVEN IF TRUSOURCE LABS AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE WEBSITE OR THE SERVICE.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TRUSOURCE LABS OR ANY RELATED PARTIES EXCEED FIFTY DOLLARS ($50).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Trusource labs and the Related Parties shall be limited to the fullest extent permitted by law.

Indemnification.You agree to indemnify, defend and hold Trusource labs and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Website and/or the Service or (ii) your breach of this EUA or any other policies that Trusource labs may issue for the Website and/or the Service from time to time.

Governing Law; Jurisdiction.This EUA is governed by Texas law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Trusource labs agree that, except as otherwise provided in Section 18 below, the state and federal courts located in the County of Austin, Texas will have exclusive jurisdiction of all disputes arising out of or related to this EUA or your use of the Website or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Trusource labs shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

Binding Arbitration

Arbitration Procedures. You and Trusource labs agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this EUA (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this EUA. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.

Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Trusource labs will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this EUA, (a) you and Trusource labs may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Trusource labs WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Location. The arbitration will take place in Austin, Texas, unless the parties agree to video, phone and/or internet connection appearances.

Limitations. You and Trusource labs agree that any arbitration shall be limited to the Claim between Trusource labs and you individually. YOU AND TRUSOURCE LABS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions to Arbitration. You and Trusource labs agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Trusource labs’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of arbitration will be charged pursuant to JAMS Rules.

Severability. You and Trusource labs agree that if any portion this Section 18 is found illegal or unenforceable (except any portion of Section 18.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable then neither you nor Trusource labs will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Austin, Texas, United States of America, and you and Trusource labs agree to submit to the personal jurisdiction of that court.

General

EUA Revisions. This EUA may only be revised in a writing signed by Trusource labs, or published by Trusource labs on the Website.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Trusource labs as a result of this EUA or your use of the Website or the Service.

Assignment. Trusource labs may assign its rights under this EUA to any person or entity without your consent. The rights granted to you under this EUA may not be assigned without Trusource labs’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

Severability. If any part of this EUA is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the EUA shall be given full force and effect.

Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this EUA, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this EUA will in no way be construed to be a present or future waiver of the provision, nor in any way affect our right to enforce the provision at a later time. An express waiver by Trusource labs of a provision, condition or requirement of this EUA will not be understood as a waiver of your obligation to comply with the provision, condition or requirement at a later time.

Notices. All notices given by you or required under this EUA shall be in writing and addressed to: Trusource labs Inc., 13011 McAllen Pass, Suite 200, Austin TX 78753, ATTN: CEO.

Export Administration. You must comply with all export laws and regulations of the United States or any other country ("Export Controls") and you shall not export, direct or transfer any portion of the Website or the Service, to any destination, person or entity restricted or prohibited by the Export Controls.

Equitable Remedies. You acknowledge and agree that Trusource labs would be irreparably damaged if the terms of this EUA were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EUA, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This EUA, including the documents referenced in this EUA, constitutes the entire agreement between you and Trusource labs with respect to the Website and the Service and supersedes any and all prior agreements between you and Trusource labs relating to the Website and/or the Service.

Utilizing Your Computer or Other Device. Some of the benefits of the Service require the Service to access information on your computer or other applicable smart home device/s. You hereby grant permission for the Service to monitor your computer or other applicable device (including, but not limited to, your device's memory) and to communicate information, including, without limitation, your Account information, to the Company’s servers for the purposes of analyzing your device's performance during use of the Service. Additionally, the Service will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Service.

Cancellation and Rescheduling Policy. If you need to cancel or reschedule your appointment, please utilize the Website and calendar information provided to ensure prompt attention.
You may cancel a confirmed appointment up to 24 hours prior to the appointment time. If you fail to cancel at least two (2) hours prior to the confirmed appointment time, you will be charged in full for your scheduled service.  You may reschedule a confirmed appointment up to two (2) hours prior to the appointment time with no charge. Trusource labs pays our technicians for cancelled and rescheduled appointments so we appreciate your understanding.

Privacy Policy. You must read and agree to this EUA and the supporting Privacy Policy to use the Website and/or the Service. By using the Website and/or the Service, you represent that you have read and consent to our Privacy Policy in addition to this EUA and agree with their content. Trusource labs may revise the Privacy Policy at any time and the new versions will be posted on the the Website. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Website and the Service. By using the Website and/or the Service, you agree to the then current versions of the EUA and Privacy Policy, which will be posted on the Website.