TERMS OF USE FOR TROOSS INC.

1. Acceptance of the Terms of Use

   These terms of use are entered into by and between You and Trooss Inc., a Delaware corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your use of: (a) each of the products of the Company, including any technology and functionality offered on or through these products, (b) your access to and use of the Company website www.trooss.com and subdomains (collectively, the “Site”) whether as a guest or registered user; and (c) your access to and use of other online and offline platforms of the Company, such as its social media account pages on Facebook, Instagram, Twitter, Pinterest, LinkedIn (collectively, the “Platforms”).  The Products, the Site, and the Platforms, collectively, “Trooss Services”

  Please read the Terms of Use carefully before you start to use or access Trooss Services. By using or accessing the Trooss Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Link incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Trooss Services.

   You represent that you are at least 18 years old.  By accessing or using the Trooss Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements for this. If you do not meet all of these requirements, you must not access or use the Trooss Services.  We will not knowingly give access to or allow use of the Trooss Services to persons under the age of 18.  Any access to or use of the Trooss Services on the Platforms shall also be governed by the respective terms of use and privacy policies of the online and offline platforms which host such Platforms.

2. Changes to the Terms of Use

   We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website at www.trooss.com.

   Your continued use of or access to the Products and/or the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. The Products

   The Products are available for purchase online from the Company at [www.trooss.com] and also online and onsite through distributors of the Company, a list of which is provided at this link.

   The Products come with a limited warranty as provided in these Terms of Use.

   As an end user of the Products, the Products shall be used for your personal purposes only.  The Products also have certain technology, functionality, (collectively, the “Technology”) in them. Such Technology is protected as copyright of the Company, all rights reserved, except as expressly provided hereunder. Upon your purchase of the Product(s), the Company gives you a revocable, limited, personal, worldwide, non-exclusive, royalty free and fully paid, non-transferable, non-sublicenseable license to use the Technology for your personal purposes as intended by the reasonable regular use of the Products. The Company reserves all rights except as expressly granted to you hereunder.

   You shall not, and you shall not permit any third party to, (a) decompile, disassemble, or otherwise reverse engineer the Products, except to the extent that such restriction is expressly prohibited by law; (ii) perform or attempt to perform any actions that would interfere with the proper working of the Products; or (iii) otherwise use the Products in any way other than as provided by these Terms of Use.

   The Company expressly reserves the right to change, from time to time, the pricing, design, Technology, availability, specifications, and any and all other features of the Products, whether generally or specifically as to one or a few productions of the Product(s), including increasing, modifying, or decreasing the Products available, as well as discontinuing the design and production of one or more Products at its sole discretion, and you hereby disclaim any and all damage that may thereby be caused to you.

4. Shipping and Delivery

At present, our company offers free worldwide standard shipping and collaborates with “HayPost” CJSC to organize the delivery of your items worldwide. “HayPost” is the national postal operator of Armenia; it is a member of Universal Postal Union (UPU). HayPost delivers your products within 2-4 weeks, depending on the country. The products are shipped by “Tas Group” LLC (Arshakunyats 2, P.O. 0023, Yerevan, Armenia), which is the manufacturer of Trooss products in Armenia. We ship the products within 48 working hours, which means that we prepare your items for shipping; send to you the Order Confirmation, Track Number and any shipping-related information. If you fail to receive the Order Confirmation within 24 hours after you made the payment, please contact our Customer Support by the following e-mail: cs@trooss.com, indicating in the subject line: Order Confirmation Not Received.

Please note, that once the order is confirmed and the confirmation email is sent, it is not possible to modify any information on the order. If after placing the order the customer is willing to change the shipping address or cancel the order, he/she will have to wait to receive the order and to refuse the package. 

Trooss Inc. or “Tas Group” LLC are not responsible for duties, fees, and taxes applicable in your respective locality.

The Products are also available online and onsite through distributors of the Company, a list of which is provided at this Link. Please contact the respective distributor for information on their sale policies.

According to the policy of Trooss Inc., all the products will be prepared for shipping within up to 2 working days from the day of placing the order after which it takes from 2-4 weeks for HayPost to deliver the product to the Buyer. The Customer Support provides you with a Track Number (TN) and the link to HayPost website, where you can track the status of your items. On the HayPost website, the products appear as “Registered Letter”, because of the weight of the products.

Please note, that if the TN of your product is stuck, you should contact our Customer Support by cs@trooss.com clearly mentioning in the Subject Line: “Item TN Stuck” and we will additionally apply to HayPost with a request to make an enquiry and provide an up-to-date information to you.

Please note that Trooss, Inc. COVERS THE COST OF STANDARD SHIPPING BY HAYPOST.

Extra Duties and taxes may apply, depending on the selected country. Trooss Inc. or Tas Group LLC, which is the manufacturer of Trooss products in Armenia shall not be responsible for any duty or fee, which the Buyer has to pay in his/her country and will not reimburse these costs.

If you still have questions, feel free to contact us by cs@trooss.com

Return, Replace and Refund

Return

If you are not satisfied with your purchase, you can return your item (s) within 14 days from the date of receiving the product. The returns must be unused, in the state in which you have received your product with no single item missing from the package.

Before sending the item back to us, we shall request you to send the photos of your product to the Customer Support. The Customer Support shall first receive the photos of your item, approve them and give clear instructions for sending the item back to us.

Please note that YOU WILL FULLY COVER THE COST OF SHIPPING OF THE PRODUCT BACK TO US.

How do you get your money back?

When we receive the product back, our Technical Team will make an inspection of the item received and approve the return. Once approved, you will receive the full purchase amount back within three (3) working days.

If after the inspection of the product the Technical Team finds out that the product is used, damaged, some parts of the contents of the package are missing, the package of the returned product is damaged, some retention will be made from the full purchase amount.

For more information, please kindly contact our Customer Support by writing to cs@trooss.com

Replace

The items for exchange or replace will be accepted only when shipped back with prior written communication with our Customer Support in case of keeping full conformity of return/replace rules of our company. We would request you to give us a prior written notice and wait for our approval and further instructions.

Please also note that in some cases our company will not accept the return of your product. These cases are:

  • If the product has been purchased from a third party, except for the purchase of Trooss products from our distributors.

ALL TROOSS PRODUCTS COME WITH A ONE-YEAR WARRANTY FROM THE DATE OF DELIVERY TO YOU.

If your product is subject to replacement, the Customer Support will ask for the Warranty Card that comes with the product, otherwise we will not be able to process the replacement.

The warranty applies in the following cases:

  • Manufacturing defects;
  • Not working functionality of the product that cannot be fixed.

In all the above-mentioned cases, please contact our Customer Support by cs@trooss.com for further review of your case.

If your case does not fall under any of the above-mentioned categories, please contact our Customer Support to review your case individually.

When you apply for replacing the item, our Customer Support may ask for a photo or video proof of a defect. Before replacing the product, we will kindly ask you to send the original product back to us (Address: “Tas Group” LLC, Arshakunyats 2 P.O. 0023, Yerevan, Republic of Armenia) by means of standard trackable shipping as our company will cover up to USD 15 of the shipping cost.

Please note that our warranty does not cover the product damages that may have resulted from normal wear and tear or accidental damage caused by the user or faults as a result of negligent operation.

Our Customer Support will happily work with you through all the replacing process.

Refunds policy

Refunds will be issued in the following cases:

  • If the company fails to ship the products within time, set in our policy. This clause shall not apply in case of force majeure events during which the delivery of the service is practically impossible.
  • If the product that the customer received is defective and our technical support, team qualifies it as not subject to repair.
  • Within the first 12 hours of placing the order. No refunds will be made after 12 hours of placing the order, once we provide the tracking number to you, as our Logistic Team will be processing the shipping of your product.
  • When you apply for a refund, our Customer Support may ask for a photo or video proof of a defect. Before replacing the product or refunding the order, we will kindly ask you to send the original product back to us (Address: “Tas Group” LLC, Arshakunyats 2 P.O. 0023, Yerevan, Republic of Armenia) by means of standard trackable shipping as our company will cover up to USD 15 of the shipping cost.

For return, replace and refund or other individual cases, please kindly contact our Customer Support by cs@trooss.com

5. Limited Warranty

   THIS LIMITED WARRANTY (THE “LIMITED WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY ACCORDING TO STATE, PROVINCE, OR JURISDICTION.

   WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

   WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, IF ANY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

   SOME STATES, PROVINCES, AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

   OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

Who May Use This Warranty?
   This limited warranty extends only to the original purchaser of the Products. It does not extend to any subsequent or other owner or transferee of the Product.

   What Does This Warranty Cover?
   This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Products.

   What Does This Warranty Not Cover?
   This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. We shall have no obligation under this Limited Warranty if, after reasonable inspection of the Products, we determine in our sole discretion that the specific defect is not covered by this Limited Warranty.

   What is the Period of Coverage?
   This limited warranty starts on the date of your delivery and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted Product. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.

   What Are Your Remedies Under This Warranty?
   With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge, or (ii) refund the purchase price originally paid for of such Products. If the Product is found defective and completely inoperable upon first use, then we will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products; otherwise, the shipping and handling fees will be charged to you.

6. Limitation of Liability Specific to Products

   THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Trooss Services

We reserve the right to withdraw or amend the Trooss Services, and any content, functionality, and services we provide, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of the Trooss Services is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of the Trooss Services at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.

 To access the Trooss Services or some of the resources it offers, including upon purchase of the Product(s), you may be asked to provide certain registration details or other information, including in relation to setting up a user account. It is a condition of your use of the Trooss Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with the Company or otherwise is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

8. Intellectual Property Rights

   The Trooss Services and its entire contents, features, functionality, and Technology (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Trooss Services, transcripts of any chat rooms, avatar profit information, trade secrets, and the client and server software), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    You agree that you have no rights or title in or to any content that appears in the Trooss Services. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.

    You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.

   These Terms of Use permit you to use the Products and other Trooss Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Trooss Services.

   If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Trooss Services in breach of the Terms of Use, your right to use the Trooss Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Trooss Services or any content related to the Trooss Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Trooss Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

9. Trademarks

   The Company name, the names used in the Trooss Services, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Company are the trademarks of their respective owners.

10. Prohibited Uses

You may use the Trooss Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Trooss Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Trooss Services, or which, as determined by us, may harm the Company or users of the Trooss Services or expose them to liability.

Additionally, you agree not to:

  • Use the Trooss Services in any manner that could disable, overburden, damage, or impair the same or interfere with any other party’s use of the same, including their ability to engage in real time activities through the Trooss Services;
  • Use any robot, spider or other automatic device, process or means to access the Trooss Services for any purpose, including monitoring or copying any of the material on the Trooss Services;
  • Use any manual process to monitor or copy any of the material on the Trooss Services or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Trooss Services;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Trooss Services, the server on which the same are stored, or any server, computer or database connected to the same;
  • Attack the Trooss Service via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Trooss Services.

   We also do not recognize and cannot be forced to recognize the transfer of user accounts. You may not purchase, sell, gift, or trade any user account, or offer to purchase, sell, gift, or trade any use account, and any such attempt shall be void. We cannot assume responsibility for any such transaction.

11. User Contributions

   The Trooss Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, network-creation functions and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users, other persons, or to us (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Trooss Services or on websites, social media platforms, or other online platforms related to the Trooss Services (including, without limitation, social media pages opened by us in relation to the Trooss Services).

   All User Contributions must comply with the Content Standards set out in these Terms of Use.

   Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns an irrevocable, perpetual, worldwide, non-exclusive, unlimited, royalty-free and fully paid, sublicensable through multiple layers of (sub)licensing, transferable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose at our sole discretion.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

   You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

   We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Trooss Services.

   We may or may not backup User Contributions, and we cannot guarantee that the User Contributions will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

   We may or may not back up the status, condition, and/or other personal features the Trooss Services, your User Contributions, and/or your user account, and we cannot guarantee that the same will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

12. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Trooss Services or the public or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Trooss Services; and
  • Terminate or suspend your access to all or part of the Trooss Services for any or no reason, including without limitation, any violation of these Terms of Use.

   Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Trooss Services or otherwise using the Trooss Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

   However, we do not undertake to review material (User Contributions) before it is posted, and cannot ensure prompt removal of objectionable material (User Contributions) after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13. Content Standards

   These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

15. Copyright Policy

   We respect the intellectual property rights of others and expect our users to do the same. Content found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millennium Copyright Act of 1998. If you believe copyright is being unlawfully infringed upon by a user(s) on or through the Trooss Services, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through the Site by completing the following notice in accordance with 17 U.S.C. §512(c) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from the Site. The notification must include the following information:

  1. Identify the copyrighted work(s) that you claim has been infringed;
  2. Identify the infringing material which you request us to remove;
  • Provide your mailing address, telephone number, and e-mail address;
  1. Include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
  2. Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
  3. Provide your full legal name and your physical or electronic signature.

Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.

15. Reliance on Information Posted

   The information presented on or through the Trooss Services is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or use and access of the Trooss Services generally, or by anyone who may be informed of any of its contents.

   The Trooss Services may include content provided by third parties, including materials provided by other users and third parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

16. Information About You, Your Visits, and Your Use of the Trooss Services 

   All information we collect in regards to the Trooss Services is subject to our Privacy Policy. By using or accessing the Trooss Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Links from the Trooss Services 

   If the Trooss Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only (each, a “<strong>Link</strong>”). This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications. We have no control over the contents of those Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Links linked to the Trooss Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Links.

18. Geographic Restrictions 

   The owner of the Trooss Services is a Delaware corporation. We provide the Trooss Services for use only by persons located in the United States. We make no claims that the Trooss Services or any of its content and features is accessible or appropriate outside of the United States. Access to and use of the Trooss Services may not be legal by certain persons or in certain countries. If you access or use the Trooss Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties 

   Subject to the Limited Warranty provided hereunder and the limitations of liability and disclaimers thereto, you understand that we cannot and do not guarantee or warrant that the Trooss Services, including the Products, and any material, content, functionality, Technology, or feature thereof will be free of defects, viruses, bugs, or other destructive aspects. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. OTHER THAN FOR PRODUCT DEFECTS AND OTHER THAN TO THE EXTENT PROVIDED BY THE LIMITED WARRANTY, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUCH DEFECTS OR DESTRUCTIVE ASPECTS.

   YOUR ACCESS TO AND USE OF THE TROOSS SERVICES, ITS FEATURES, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS ARE AT YOUR OWN RISK; THESE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TROOSS SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE TROOSS SERVICES, ITS FEATURES, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE TECHNOLOGY OR THE SERVER THAT MAKES THE TROOSS SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TROOSS SERVICES, ITS FEATURES, ITS CONTENT OR ANY RELATED SERVICES OR ITEMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability Generally 

   EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO, OR THE INABILITY THEREOF, THE TROOSS SERVICES, INCLUDING THE PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO THE SITE AND PLATOFMRS OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF THE SITE AND PLATFORMS. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE ACTUALLY PAID FOR THE PRODUCTS YOU HAVE PURCHASED, IF ANY. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.

   THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification 

   You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of or access to the Trooss Services, including, but not limited to, your User Contributions, any use of the Products other than as expressly authorized in these Terms of Use or your use of any information obtained through the Trooss Services.

22. Governing Law and Jurisdiction 

   All matters relating to the Trooss Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

   Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Trooss Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Arbitration 

   At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Trooss Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law, such arbitration to be held in English in the City and County of Los Angeles, State of California.

24. Limitation on Time to File Claims 

   ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Trooss SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Waiver and Severability 

   No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement 

  The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Trooss, Inc. with respect to the Trooss Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Trooss Services.

28. Your Comments and Concerns 

   The Trooss Services are owned and operated by Trooss Inc., a Delaware corporation with an address at 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, United States.

   All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Trooss Services should be directed to cs@trooss.com.