Terms & Conditions
1) General Rules
c) You agree not to use the Services for any unlawful purpose. Trusted Advisor may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
2) Access & Registration
a) Representation & Warranty. You represent, warrant and covenant (a) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (b) if you are under 18 years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You further represent and warrant that you have provided accurate and complete information in any communication with Trusted Advisor.
b) We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees.
i) By registering, you agree that all Registration Data you provide is accurate and that you will maintain and update this information to keep it accurate and current.
ii) If you access the Services using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Services.
iii) You are responsible for all usage or activity on your account with Trusted Advisor, including use of the account by any third party authorized by you to use your login credentials. If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
d) Prohibited Use
i) You may not access or use, nor attempt to access or use the Services to take any action that could harm us or a third party or obstruct the Services or take any other actions which Trusted Advisor, in its sole discretion, deems to be inappropriate.
ii) You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights.
iii) You may not access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Trusted Advisor has revoked your access.
iv) You shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof.
v) You may not forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Services, or servers or networks connected to the Services; or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
vi) You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble, “Frame” or “mirror” any part of the Services.
vii) You may not obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Services or the contents (except as expressly permitted by Trusted Advisor).
viii) You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
3) Content on the Services
a) Intellectual Property. Trusted Advisor, the Services, and all text, photographs, images, illustrations, designs, audio clips, videoclips, data, or compilations contained in the Services and in Trusted Advisor’s products are protected by copyright, trademark, patent, trade secrets, other applicable law and are the property of Trusted Advisor, except as otherwise identified. All copyrights and trademarks not the property of Trusted Advisor that are used or referred to in the Services and Trusted Advisor’s products are the property of their respective owners. Nothing contained in the Services or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Trusted Advisor or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Services or other products may violate the law.
b) Non-Commercial Use. The contents of the Services are intended for your personal, noncommercial use and Trusted Advisor’s products, including third party and licensed materials on the Services, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others.
d) Reprints. To request permission to reproduce or distribute materials from the Services, email license(at)trustedadvisor(dot)la.
e) RSS Feeds. Some of the Services may provide an RSS feed (the “Feeds”). Individuals may use the Feeds free of charge for their personal, non-commercial use only. When using the trustedadvisor.la feeds, we ask that you provide attribution to trustedadvisor.la including at a minimum a linked logo, a link that returns to the original URL and that you set the canonical tag to Trusted Advisor. Trusted Advisor reserves the right to disable, to change, or to cease distribution of Feeds at any time, and reserves the right to require individuals to cease any and all use of the Feeds at any time for any reason.
4) Trusted Advisor Membership
a) Some Trusted Advisor content is only available to users who purchase subscriptions to Trusted Advisor Membership, including subscription to Japanese language editions of the Services (“Trusted Advisor Japan”) (collectively “Subscriptions”). You will not be charged for using the Services unless you have opted for a Subscription. You must be 18 years of age or older to purchase a Subscription or any other content, product, or service offered by Trusted Advisor. If you are less than 18 years of age and want to make any such purchase, please obtain your parent or guardian’s consent to complete the purchase.
b) Subscription Plans. Subscriptions may be available as monthly and yearly subscription plans. Each Subscription is valid for only one user account may not be used with any other user accounts. You agree to pay the Subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. Trusted Advisor reserves the right to charge for use of additional Services or content that are currently free of charge.
i) Trial Period. Trusted Advisor may choose, at its discretion, to offer a free membership trial period to some members. For these users, Trusted Advisor Membership is free only for the explicitly stated duration of the free trial on the checkout page. At the conclusion of the trial period, subscribers will be automatically charged for the first term (month or year) of their subscription and enrolled into the auto-renewal program. Users who are not offered a trial period and purchase a membership will be charged immediately for the first billing cycle (month or year) of their membership upon checkout.
ii) Monthly Subscription. Monthly subscribers agree that Trusted Advisor will automatically extend the monthly subscription at the conclusion of each term, and that Trusted Advisor will charge the credit card on file the applicable monthly subscription fee for the next one-month term. This billing cycle will continue in perpetuity until a monthly subscriber terminates their Trusted Advisor membership.
iii) Annual Subscription. Annual subscribers agree that Trusted Advisor will automatically extend the annual subscription at the conclusion of each term, and that Trusted Advisor will charge the credit card on file the applicable annual subscription fee per year or discounted promotional price, (if applicable) for the next one-year term. One month before the conclusion of the annual subscription term, Trusted Advisor will notify subscribers of the renewal prior to charging the credit card. This billing cycle will continue in perpetuity until an annual subscriber terminates their Trusted Advisor membership.
c) ALL TRUSTED ADVISOR PAID SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH SUBSCRIPTION PERIOD. THE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, FOLLOW THE INSTRUCTIONS FOR CANCELLATION THAT ARE AVAILABLE BELOW, ON THE APPLE APP STORE, GOOGLE PLAY, OR ON TRUSTEDADVISOR.LA OR OTHER TRUSTED ADVISOR PROPERTIES.
d) Cancellation. Subscribers may cancel their Trusted Advisor Membership via any of the below methods. If you subscribed to membership on a plan that offers a free trial, you may cancel any time before the end of the trial period without incurring any cost. If you cancel your Trusted Advisor Membership after the trial period ends, you will be charged for, and retain access to membership content until the end of, your current billing cycle. If you did not sign up for membership with a free trial, you are able to cancel your membership at any time, but you will be charged for, and retain access to membership content until the end of, your current billing cycle. Please note that if you cancel your Trusted Advisor Membership after a billing cycle is over, you will not receive a refund for that period, unless you request a refund within five (5) days of being invoiced for your subscription. Requests for refunds after five (5) days will not be processed.
e) If you have encountered technical difficulties that have impacted your Membership experience, please email firstname.lastname@example.org and we will work with you to resolve them.
i) Phone: 646-539.6640 (We highly recommend you email us for faster customer service).
ii) Email: email@example.com
iii) Website: Log-in to your account at https://trustedadvisor.la/login/, then navigate to trustedadvisor.la/account/membership/ to access your account settings. Click to cancel your membership and confirm that you want to cancel. As provided in Section 4(d), users who cancel their membership after being charged for the first billing cycle will only be refunded if the refund request occurs within a five-day period after being charged.”
5) User Submissions
a) Content Warranty. By uploading, creating, or submitting images, text, video, profile information, comments, letters to the editor, e-mails, or other data and information to the Services (“User Submissions”), you represent to Trusted Advisor that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. Furthermore, by uploading your User Submissions, you hereby grant Trusted Advisor the right and permission to use your name, likeness, photograph, voice, biographical information and/or any statement made by you regarding Trusted Advisor or the Services for any purpose (including, without limitation, for advertising or promotional purposes) without notice or compensation, except where prohibited by law.
i) You are solely responsible for the content of your Submissions and by making a User Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
ii) Prohibited Acts. You shall not
upload to or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
impersonate anyone else or otherwise misrepresent your identity, affiliation or status.
provide material and misleading information knowingly and with intent to defraud.
upload to or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services.
use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
iii) Content License, You grant to Trusted Advisor, and anyone authorized by Trusted Advisor, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, transmit, assign, display, distribute, perform, reproduce in whole or in part, modify, create derivative works of, host, cache, encode, and adapt the User Submissions in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions. Further, you waive any moral rights you may have in any User Submissions. User Submissions made to the Services may also be included in our RSS feeds and made available for republishing through other formats.
b) Content Moderation. We reserve the right to monitor or remove any User Submissions (including all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Service) from the Services at any time without notice that it deems, in its sole discretion abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
c) If you use the Trusted Advisor App, you agree to comply with the Trusted Advisor App Community Rules.
6) Limitation of Liability
a) Trusted Advisor does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, Trusted Advisor DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
b) IN NO EVENT WILL Trusted Advisor, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“Trusted Advisor PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE Trusted Advisor PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE Trusted Advisor PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
a) You hereby indemnify, defend and hold harmless Trusted Advisor and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Trusted Advisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
a) Severability. If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
b) Waiver. Our failure to enforce any provision of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
c) Governing Law and Jurisdiction. These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in New York. Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
9) Notice of Infringement
a) Trusted Advisor respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to Trusted Advisor’s Copyright Agent under the Digital Millennium Copyright Act (“DMCA”):
i) An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
iii) Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
iv) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
v) 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.
vi) You may notify our designated copyright agent either by mail to Copyright Agent, Trusted Advisor, 675 Avenue of the Americas, Suite 410 New York, NY 10010 firstname.lastname@example.org
vii) Only copyright complaints should be sent to the Copyright Agent. All other feedback or comments should be addressed to email@example.com. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.