Our Role and Our Platform
- Trove provides a technology platform (again, the “Platform”) that provides an online social marketplace in which designers, fashion stylists, fashion brands, and fashion boutiques can list and sell their fashion items and their fashion services (collectively, "Items & Services"), and consumers can browse and purchase from or engage these parties for Items & Services. Users who purchase from or engage these parties for Items & Services through the Platform are referred to as "Buyers," and users who list and sell Items & Services through the Platform are collectively referred to as "Sellers" (but in some cases Sellers may also be referred to as “Stylists”). A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller and Trove is not itself a Seller, Stylist, designer, auctioneer, retail store, or a fashion goods/services provider.
- You understand that Trove is not the provider or designer/manufacturer of the Items & Services and that Trove does not and shall not assume any liability whatsoever for use of, injury from, or defects which may be claimed in, any Items & Services. You hereby agreed to look to the Seller of the Items & Services for any claims regarding breach warranty (if any) or product liability.
- With regard to communication with Trove’s staff, it is agreed and acknowledged that Trove’s staff is only provided to assist in your selection and identification of the Items & Services and in some cases, in Trove’s discretion, to assists in disputes between Buyers and Sellers.
- Trove expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the wearing or use of any of the Items & Services.
- Trove is not a legal party to any transaction entered into between Buyers and Sellers. You understand and agree that, as a result, Trove is not involved and does not participate in the various transactions between Buyers and Sellers (even if Trove collects a Commission as described below). You understand and agree that, consequently, Trove does not enter into any contracts between any users for any purchase, services, or sale, nor does it actually become involved in the actual transfer of legal title in any items from one party to another.
- While Trove always strives for quality, it does not have the obligation review, screen, or vet any users of Trove or the content or information provided by Buyers and Sellers through the Platform (though it may do so from time to time). Trove does not review, screen, or vet the any listings or the identity or background of any user (including but not limited to Sellers, Buyers, and Stylists).
- With regard to communication with Trove’s staff, it is it is agreed and acknowledged that Trove’s staff to the extent they assist any Sellers in managing, uploading or otherwise curating their webpages, User Content, Listings or any other items, does not make Trove a partner, joint venturer, employee nor agent of any Seller or Buyer.
- You understand that to the extent Trove or the Platform facilitates payment between Buyers and Sellers and/or collections Commissions, such actions do not make Trove a partner, joint venturer, employee nor agent of any Seller or Buyer.
- You understand and agree that Trove does not and cannot exert any control over the accuracy, legality, quality, safety, authenticity or fairness of any aspect of any Items & Services listed though the Platform, nor the authority of either the Sellers or the Buyers to enter into any purchase and sale transactions and/or ship Items within required shipping time frames. Trove cannot provide any assurance or guarantee that any user will actually conclude any purchase or sale transaction, the ability of Buyers to pay for Items purchased through the Platform, or that a Buyer or Seller will actually complete a transaction, provide trouble-free delivery and shipping, or return and/or request any refunds for any Item & Services through the Platform.
General Terms of Transactions
- Sales tax may be charged for orders shipped to U.S. states that legally require sales tax to be collected in connection with any Items & Services. Sales tax rates vary from state to state. The sales tax indicated on the sales order will be calculated to reflect applicable taxes at the time the payment is processed.
- We try to accurately depict the colors and details of the Items & Services. However, due to the fact the color and product details you see is dependent on your computer or device monitor/screen, we cannot guarantee that the color and details that you see will be accurate. The Items & Services also may appear larger or smaller than their actual size depending on your device monitor/screen. Some photographs may have been enlarged to show detail.
- You hereby warrant and agree that you may not purchase any Items & Services from the Platform for purposes of reselling any such item by you or any other person and you may not resell any Items & Services purchased from the Platform, unless expressly agreed to in writing by an authorized representative of Trove.
- The prices displayed on the site are quoted in U.S. dollars.
Terms Applicable to Sellers
- The Platform allows Sellers to post listings regarding the Items & Services they have for sale or for commercial enjoyment by a Buyer, as well as maintain Seller profiles with various biographical and other information related to a Seller (collectively, “Listings”).
- By registering or using the Platform to offer, post, or provide Items & Services through any Listings, Sellers must hereby represent and warrant that they either own the Items & Services to be used or sold to a Buyer, or have the rights reasonably necessary to lawfully permit an Seller to sell or provide the Items & Services contained in the applicable Listings.
- Trove does not pay any taxes on behalf of the users of the Platform (other than Sales Tax which may be collected by Trove). Buyers and Sellers are solely liable for any taxes resulting from any use of our Platform.
- In order to transact business on the side as an Seller, you understand that Trove is not itself in the business of providing Items & Services and that Sellers affirm and agree that by creating and maintaining an account on the Platform, the Platform merely provide a platform to potentially gain access to Buyers interested and willing to engage the Seller for Items & Services, including messaging, calendaring, and payment tools. Sellers further understand and agree that using the Platform does not guarantee that anyone will engage them for Items & Services.
- Sellers understand and agree that they are solely being provided technology services as a customer of Trove and that further in no event are Sellers or Buyers deemed nor considered Trove employees, joint venturers, partners, or agents.
- With regard to communication with Trove’s staff, it is it is agreed and acknowledged that Trove’s staff to the extent they assist any Sellers in managing, uploading or otherwise curating their webpages, User Content, Listings or any other items, does not make Trove a partner, joint venturer, employee nor agent of any Seller or Buyer.
- Sellers understand that to the extent Trove or the Platform facilitates payment between Buyers and Sellers and/or collections Commissions, such actions do not make Trove a partner, joint venturer, employee nor agent of any Seller or Buyer.
- Sellers understand that they alone are responsible for setting terms and conditions, including prices with regard to the Items & Services and that they are alone responsible for providing the Items & Services.
- You understand and agree that Buyers may review Sellers and the Items & Services, which may be positive or negative. Numerous negative reviews may result in suspension or termination of a Seller’s account.
- For Sellers that are Stylists, please note that you will have to separately agreed to the Stylist Agreement.
Terms Applicable to Listings
- Each Seller hereby warrants that it has the full rights and legal authority necessary to sell any Item & Product such Seller lists for sale or commercial use on the Platform and to authorize Trove to photograph and display descriptions, images, and/or video of each Item & Product on the Platform.
- Listings must accurately and truthfully describe Items & Services offered as well as information regarding the Seller.
- Listings can only include text, content, materials, and images that the Sellers decide to upload, at their sole responsibility. Sellers are solely responsible for the content they upload and publish under the law and under this Agreement.
- Each Seller understands and agrees that it will not include nor present links to or make reference to any third party sales sites, sales venues, marketplaces, sales listings, or website sales links in any of its Listings.
- All fees, charges, and other pricing information must be accurately, conspicuously, and truthfully disclosed in the Listing. Any and all extra, additional, tack-on, follow up fees, charges, and/or payments related to the Items & Services offered, such as included service breakdown, any clothing under other materials that are loaned or distributed, care and maintenance or other information as applicable to a particular Listing, must be clearly, truthfully, and accurately disclosed and described in the Listing.
- All other information pertaining to a particular Listing that should be reasonably disclosed to a Buyer that any reasonable Buyer would have the right to know must be clearly, truthfully, and accurately disclosed and described in the Listing.
- Trove has the right to monitor, edit, and partially or totally delete any content found in Listings. However, Trove does not undertake nor guarantee the exercise of any editorial control of the materials, information, or content published by Buyers or Sellers.
- While Trove requires that Sellers use their best efforts to represent Items & Services truthfully and accurately, despite these efforts, a number of items on the Platform may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Platform and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, Items & Services images, specifications, availability, and services. Trove reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of Items & Services offered on the Platform. Every care is taken to ensure that the specification and description of our Items & Services are correct at the time of going to the Platform, but accuracy of the foregoing cannot be guaranteed.
- Trove further prohibits any Listings of the following items, which may not be illegal under the laws of all jurisdictions: pornography; products that promote, support, or glorify violence; and products that promote, support, or glorify hatred.
Service Fees; Commissions
- Trove does not charge any fees for you to set up an account.
- By continuing to use the Platform, you agree to be bound by any current or future Trove service fees, which may change from time to time without notice to you.
- In addition, Trove reserves the right to charge fees for any or all current or future features of the Platform.
- You agree that payment for all applicable purchases and any taxes or additional charges that may be imposed by third parties are your sole responsibility.
- You understand that your purchase may be final and non-refundable.
- When you provide Items & Services to Buyers, you have the right to determine the price you charge for these Items & Services. You have the right to update these prices at any time, except following such time as a Buyer purchases any such Items & Services or engages a Seller for any such Items & Services (e.g., the engagement of a Stylist). Any amounts paid by the Buyers in connection with Items & Services received through the Platform are referred to below as “Revenues.”
- By accepting this Agreement or continuing to provide Items & Services through the Platform, you agree to pay Trove a commission at the set forth in the Trove Commission Rate Schedule, which is accessible at this link: https://docs.google.com/document/d/e/2PACX-1vRBO3Wvvecm2ASHPZfvabmqGWCsD6UFwnHomWS64vZHrCj3Ca7rGNmqrpFrQnYBeDmcsQp5kL9wYCmy/pub of any and all Revenues paid by Buyers. This payment is referred to in this Agreement as a “Commission”.
- Trove may in its discretion designate a collections service (such as Stripe or another third party) to facilitate the payment of Revenues by Buyers and/or payment of Commission by Sellers. This collections service may charge a fee for processing these payments, pursuant to the terms and conditions stipulated by the collection service (“Processing Fees”). Where the collections service collects Processing Fees, these Processing Fees, as well as Commissions, will be deducted from Seller’s Revenues.
You are responsible for reviewing changes to this Agreement
- This Agreement applies to all users of the Platform, including but not limited to Sellers, Buyers, and Stylists.
- Trove may make changes to this Agreement from time to time without specifically notifying you.
- Trove will post the latest Agreement on the Site and may post it on Trove's mobile device applications, but it is up to you to review it before using the Platform.
- If you continue to use the Platform after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Platform may be subject to additional terms and conditions specified by Trove from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Your Use of the Platform
Your registration and account security
When you use the Platform you MAY be requested to provide Trove certain registration and account information, which Trove will rely on to provide you services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account, in the event Trove asks you to create an account:
- You will register your account for your own use and not for the use of another person, alter ego, or other identity.
- You will create only one account for yourself.
- You will not assign or transfer your account to anyone without first getting Trove's written consent.
- You will not provide false or misleading information when you register an account.
- If Trove terminates or disables your account, you may not create another account without first getting Trove's written consent.
- You will keep your contact and other information requested by Trove (such as age, address, etc.) accurate and up-to-date.
- You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
- If you select a username for your account, Trove reserves the right to remove or reclaim it for any reason, including that it is inappropriate in Trove’s sole determination.
Trove may add, edit, modify or delete anything on the Platform without notice
Trove is committed to delivering a positive user experience and you understand that Trove reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Platform in its sole discretion, without notice.
You are responsible for accepting updated versions of the Platform
- If Trove provides updated versions of the Platform and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Platform, Trove shall not bear any responsibility or liability for your decision.
You agree to let us monitor your activity on Trove mobile device applications and the Platform
- Because Trove wants to continue to improve the Platform for your benefit, we may monitor your activity on Trove mobile device applications, as well as on the Platform.
- By using any Trove mobile device application or the Platform you specifically agree to allow Trove to monitor you in this manner.
You must be 18 or older to use the Trove Platform
- You understand that you may not use the Platform where such use is prohibited.
- You understand that the Platform are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
- You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
- Trove does not knowingly collect information from individuals who are less than thirteen (13) years of age.
It is your responsibility to make sure this Agreement and your use of the Platform complies with all laws applicable to you
- You understand that Trove may, in its sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Platform will be revoked where this Agreement or use of the Platform is prohibited and, if that is the case, you agree not to use or access the Platform in any way.
Trove may terminate your use of the Platform without reason or notice to you
While Trove respects its users, you agree that Trove may terminate your use of the Platform and prohibit you from accessing the Platform, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
The copyright to all content on the Platform is owned by the provider of that content
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Platform (“Copyright Content”) are the property of Trove or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Platform, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Platform.
You may not use trademarks appearing on the Platform in an infringing manner
- You agree that Trove, Trove Style, www.Trove.Market and other Trove graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Trove or its affiliates (“Trademark Content”).
- Trove trademarks and trade dress may not be used in connection with any product or service that is not Trove’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Trove.
- All other trademarks not owned by Trove or its affiliates that may appear on the Platform are the property of their respective owners (including but not limited to Sellers), who may or may not be affiliated with, connected to, or sponsored by Trove or its affiliates and may not be used by you.
You may use the Trove Platform for limited purposes
- Trove grants you a limited license to access and make use of the Platform.
- Trove does not grant you the right to download (other than page caching) or modify the Platform, or any portion of the Platform.
- You understand Trove does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Platform or their contents; (b) make any derivative use of the Platform or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
- You understand that the Platform or any portion of Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Trove and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing Trove’s name or trademarks without the express written consent of Trove. Any unauthorized use terminates the permission or license granted by Trove hereunder.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Trove so long as the link does not portray Trove, its affiliates, or their Items & Services or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Trove logo, third party manufacturer or supplier logo, or other proprietary graphic or trademark as part of the link without express written permission.
Some portions of the Services rely on Supported Platforms
- You acknowledge that the Platform interoperates with several third party sites and services, including but not limited to Facebook, Instagram, and Pinterest (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to Trove on reasonable terms, Trove may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- In order to use the features of the Platform related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Platform, you are allowing Trove to pass your log-in information to these Supported Platforms for this purpose.
You have the necessary rights to share content and materials should you choose to
- The Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, images, photos, drawings, videos, icons, text and/or other content (“User Content”), including in connection with any Listings. You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Trove as set forth herein, with full knowledge that Trove may exploit it in any manner whatsoever. You make such warranties without Trove incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to Trove the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
- You further agree that Trove is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Trove, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting Items & Services and/or services using such User Content, in any medium or format, including text messaging, blogs, and on other platforms or websites and without remuneration of any kind.
- You further perpetually and irrevocably grant Trove the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to Trove the right to sub-license and authorize others to exercise any of the rights granted to Trove.
- You authorize Trove to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Trove’s Copyright Policy
Trove does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Platform;
- Identification of the URL or other specific location on the Platform where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o TroveStyle, LLC, 148 River St. Suite 202, Greenville, SC 29601.
Trove reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Platform.
What Laws and Rules You Are Responsible For Following
You promise to comply with this Agreement and any laws or regulations applicable to you
- You promise not to use the Platform for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Platform.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Trove’s conduct policies when using the Platform
- We do our best to keep the Platform safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Platform except as expressly authorized by Trove;
- You will not take any action that imposes or may impose (as determined by Trove in its sole discretion) an unreasonable or disproportionately large load on Trove’s (or its third party providers') infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- You will not bypass any measures Trove may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform);
- You will not run any form of auto-responder or "spam" on the Platform;
- You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform;
- You will not harvest or scrape any content or materials from the Platform, or duplicate the site in any way;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not threaten, intimidate or harass another user;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
- You will not otherwise take any action in violation of Trove’s guidelines and policies.
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes.
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
- You are solely responsible for all Submissions. “Submissions” means anything that a user transmits to the Platform in the course of using the Platform. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You will not use the Platform in any manner or transmit any Submission that: infringes (or results in the infringement of) Trove’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized, or pornographic material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause Trove to be in violation of any law or regulation, or to infringe any right of any third party; and
- You will not transmit any Submission and will not use the Platform to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening.
Trove is not responsible for what happens outside of the Platform, including third party websites that the Platform may link to or advertise
- Trove or its business partners may present advertisements or promotional materials via the Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that Trove is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
- You understand the Platform may contain (or you may receive from Trove, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that Trove is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Trove is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, Items & Services or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that Trove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Trove’s liability is limited
- Trove is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Platform, whether posted or caused by users of the Platform, Trove, third parties or by any of the equipment or programming associated with or utilized in the Platform.
- Neither Trove nor any of its affiliates, advertisers, promoters or distribution partners, and suppliers, shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Platform, anyone’s use of Items & Services purchased via the Platform.
WE TRY TO KEEP THE PLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, PLATFORM MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL TROVE OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (AND YOU HEREBY ACKNOWLEDGE THAT ANY AND ALL PRODUCT LIAIBLITY CLAIMS AND/OR DAMAGES ARE PROPERLY DISCLAIMED DUE TO THE FACT THAT TROVE IS NOT THE MANUFACTURER OF ANY ITEMS & SERVICES PURCHASED VIA THE PLATFORM). NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
TROVE DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES OR SUPPORTED PLATFORMS ON THE PLATFORM, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE PLATFORM. THIS INCLUDES, BUT IS NOT LIMITED TO STATEMENTS MADE BY (1) USERS RELATED TO ANY ITEMS & SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES, AND (2) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.
TROVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $10. YOU AGREE THAT DISPUTES BETWEEN YOU AND TROVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE PLATFORM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
You agree to indemnify TROVE
You agree to indemnify, defend, and hold harmless Trove, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Platform, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that South Carolina law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Platform, by using the Platform, you expressly agree that any such dispute shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of South Carolina (to the extent any disputes are not subject to binding arbitration as further described below), in Charleston County, for the resolution of any such dispute.
Your general representation and warranty
- You represent and warrant that:
- You will use the Platform so as not to infringe or misappropriate the intellectual property rights of any third party.
- You and Trove agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- You agree any arbitration shall take place in Charleston, South Carolina in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Trove may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.