Terms of service

TROBOLO Terms of Service for United States Residents 

Last Updated 12-24-2023 

Welcome to the TROBOLO website! 

Thanks for using www.trobolo.us (collectively, the “website”). The website is provided by TROBOLO US, Inc.  (“TROBOLO”, “we,” “our,” or “us”), with an address at 200 Continental Drive, Suite 401, Newark, Delaware 19713. 

These Terms of Service (“Terms”) govern the use of our website and purchases of our products (as defined below) by residents of the United States.  If you reside in a country in the European Economic Area, or in Switzerland or the United Kingdom, please click here to view our General Terms and Conditions for European, Swiss, and British residents. 

By using our website, you are agreeing to these Terms. Please read them carefully.  Our website, and the products available for purchase through the website (each, a “Product”), are very diverse, so sometimes additional terms or Product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Products or services made available on the website, then those additional terms become part of your agreement with us if you purchase or use those Products or services.  By accessing or using the website, you intend and agree to be legally bound by these Terms.  You may wish to print or save a local copy of the Terms for your records. 

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 3, 9, AND 10 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS. 

1.Using our Website 

You must follow any policies made available to you within the website, including our cancellation policy. 

Don’t misuse our website.  For example, don’t interfere with our website, try to access it using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the website (in other words, no scraping). You may use our website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our website to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason. 

Using our website does not give you ownership of any intellectual property rights in our website or the content you access through it (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our website or on our Products, including the TROBOLO name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our website. 

Our website displays some Content that is not our own.  For example, some Content belongs to our advertisers, other third parties, or other users (collectively, “Third Party Content”), or is Your Content (as defined in Section 5 below).  We are not responsible for, and you waive all of our liability with respect to, Third Party Content or Your Content.  Third Party Content and Your Content are the sole responsibility of the individual or entity that makes it available via the website. We may review Third Party Content or Your Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content or Your Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.   

In connection with your use of the website, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.  

Our website is available on mobile devices, which may cause you to incur data charges with your wireless provider.  Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the website on your mobile device.   

2. Your TROBOLO Account 

You may need an account in order to make purchases from the website. If you create your own account, you agree that all registration information you give us will be accurate and current.  If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account.  You will timely notify us of any changes to any of the foregoing information.  You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your website password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your website account, including the activities of any individual with whom you share your website account or an Activated Device. 

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account.  If you learn of any unauthorized use of your password, please contact us at hello@trobolo.us.   

3. Payment and Products  

You agree to pay all amounts owed to us for orders placed through the website under any terms, policies or other written or electronic agreement we may have in place.  We may require you to maintain valid credit card or other payment account information with us in order to make purchases from the website, and if so, you hereby authorize us to charge your credit card or other payment account for such purchases. Your right to purchase Products through the website is conditioned upon our receipt of payment.  Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the website immediately without notice.  Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.    

A description of each Product can be found on the applicable Product page on the website. Product information, including descriptions, specifications, and other information related to a Product (collectively, “Product Information”), are provided for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the website may differ from the physical article depending on your Internet browser or the device or monitor you use. We may discontinue the availability of a Product at any time.  

All prices posted on website are subject to change without notice. The price charged for a Product will be the price in effect at the time an order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email.  We are not responsible for pricing, typographical, or other errors in any Product Information or offer by us and we reserve the right to modify or cancel any orders arising from such errors.  

Title and risk of loss pass to you upon our transfer of the Products to a third party carrier or our personal transfer to you or your representative.  Shipping and delivery dates are estimates only and cannot be guaranteed. If a carrier is not able to successfully deliver the Products, it will leave a notice with contact information to arrange a new delivery date. We are not liable for any delays or failure in shipment due to incorrect information provided by you, your failure to receive a shipment from a carrier, or other factors outside of our reasonable control. 

TROBOLO warrants that the Products purchased through the website will be free from any defects for a period of time of three (3) months from the date of the order for such Products (the “Warranty Period”). 

TO THE EXTENT NOT PROHIBITED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ANY WARRANTIES TO THE WARRANTY PERIOD.  THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE WEBSITE AND DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCTS.  THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO (A) TRANSPORTATION; (B) STORAGE; (C) IMPROPER OR NEGLIGENT USE; (D) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; (E) MODIFICATIONS; (F) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY TROBOLO; (G) UNAUTHORIZED REPAIR; (H) NORMAL WEAR AND TEAR; OR (I) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.  

THE WARRANTY PERIOD IS NOT EXTENDABLE EVEN IF WE REPAIR OR REPLACE A WARRANTED PRODUCT.  WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT CHANGES WILL NOT BE RETROACTIVE. 

TO OBTAIN THE WARRANTY: YOU MUST SEND THE REQUEST IN WRITING THROUGH THE CONTACT US PAGE OR BY EMAIL TO HELLO@TROBOLO.US ALONG WITH ALL DOCUMENTS PROVING THE PURCHASE AND THE DELIVERY DATE. WE WILL PROVIDE FURTHER INSTRUCTIONS, INCLUDING INFORMATION ABOUT HOW TO RETURN THE WARRANTED PRODUCT TO US. 

AS OUR SOLE LIABILITY UNDER THE LIMITED WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, WE WILL, IN OUR SOLE DISCRETION, EITHER REPAIR OR REPLACE THE WARRANTED PRODUCT OR ITS DEFECTIVE PART OR REFUND THE PURCHASE PRICE OF SUCH PRODUCTS.  WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT OR PART TO YOU IF WE ELECT TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR PART. 

TROBOLO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN CONNECTION WITH PRODUCTS PURCHASED THROUGH THE WEBSITE.  

4. Privacy and Feedback  

Our privacy policy explains how we treat your personal data and protect your privacy when you use our website. By using our website, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the website.  You assume all privacy, security, and other risks associated with providing any information, including personal data, to other users of the website.   

If you submit feedback or suggestions about our website or Products, you agree that we may use your feedback or suggestions without obligation to you.   

5. Content You Submit or Share 

You may submit, upload, and share videos, pictures, text and other content, such as Product reviews, to or through the website (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours. 

When you upload, submit, or otherwise share Your Content to or through our website, you give us (and those we work with) a royalty-free, worldwide license in perpetuity (subject to any applicable privacy laws) to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our website), communicate, publish, publicly perform, publicly display and distribute Your Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our website and Products, and to develop new Products and services. This license continues even if you stop using our website.  Make sure you have the necessary rights to grant us this license for any content that you submit to our website. 

We may publicly display your profile information, posts, and actions you take on the website or on third-party applications connected to your account (such as reviews you write and comments you post) in our website, including displaying in ads and other commercial content. You may request that we delete any of Your Content that you submit to the website by sending us an email at hello@trobolo.us.  To the extent within our control, we’ll remove Your Content from public display and mark it for future deletion if permitted by applicable law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the website).  For purposes of clarification, once you submit or share Your Content with others via the website (e.g., other users or third parties), we no longer have control over those portions of Your Content and will not be able to delete it or prevent them from using it.     

You agree that you will not use the website to: 

• Violate any law or a third-party’s rights; 
• Submit excessive or unsolicited commercial messages or spam any users; 
• Submit malicious content or viruses; 
• Solicit other people’s login information, credit card numbers, or other sensitive information; 

• Harass or bully other users; or 
• Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence. 

6. INTELLECTUAL PROPERTY PROTECTION  

 

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so.  If you are a copyright owner or its agent and believe that any content residing on or accessible through the website infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):  

• Identification of the work or material being infringed. 
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence. 
• Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address. 
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. 
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. 
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. 

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement. 

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below: 

• The specific URLs of material that we have removed or to which we have disabled access. 
• Your name, address, telephone number, and email address. 
• A statement that you consent to the jurisdiction of U.S. District Court for the District of Delaware, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. 
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 
• Your signature. 

Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material.  If we do not receive any such notification within ten (10) days, we may restore the material to the website. 

The contact information for our Designated Agent is: 

TROBOLO US Inc. 

Attention: Copyright Department  

200 Continental Drive, Suite 401 

Newark, Delaware  19713 

Email:  copyright@trobolo.com 

If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at hello@trobolo.us.  We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of TROBOLO or others, and/or to remove, delete, edit, or disable access to such person’s content.   You agree that we have no liability for any action taken under this section.   

7. About Software in our Website 

Certain features of the website, and the website itself, may enable you to access software running on our (or our vendors’) servers (collectively, “Software”).  You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.  

TROBOLO gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the website.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the website as provided by us, in the manner permitted by these Terms.  You may not copy, modify, distribute, sell, or lease any part of our website or Software, nor may you reverse engineer or attempt to extract the source code of the website or Software, unless laws prohibit those restrictions, or you have our written permission. 

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms. 

8. Modifying and Terminating our Website 

We are constantly changing and improving our website. We may add or remove functionalities or features, and we may suspend or stop a service provided through the website altogether, at any time, without any notice or liability. 

You can stop using our website at any time, although we’ll be sorry to see you go. We may also stop providing the website to you, or add or create new limits to our website, at any time. 

Sections 3 and 8 – 14 will survive termination or expiration of these Terms indefinitely. 

9. Our Warranties and Disclaimers 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER TROBOLO NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE OR THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE WEBSITE OR THE PRODUCTS, OR THE RELIABILITY OR AVAILABILITY OF THE WEBSITE OR THE PRODUCTS, OR THE ABILITY OF THE WEBSITE OR THE PRODUCTS TO MEET YOUR NEEDS.  WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS RELATING TO, AS APPLICABLE, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS.  EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE PROVIDE THE WEBSITE, ALL INFORMATION PROVIDED THROUGH THE WEBSITE, AND THE PRODUCTS “AS-IS.”  

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND THE PRODUCTS, EXCEPT FOR THE LIMITED PRODUCT WARRANTY SPECIFIED IN THESE TERMS. 

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE WEBSITE AND THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS. 

10. Liability for our Website and Products 

TO THE EXTENT NOT PROHIBITED BY LAW, TROBOLO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. 

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF TROBOLO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO (A) YOUR USE OF THE WEBSITE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE WEBSITE (OR, IF WE CHOOSE, TO SUPPLY YOU THE WEBSITE AGAIN), OR (B) THE PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS. 

IN ALL CASES RELATING TO PROVIDING YOU THE WEBSITE AND THE PRODUCTS, TROBOLO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES. 

11. Business/Employer Uses of our Website 

If you are using our website on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.  

12. Indemnification 

You hereby agree to indemnify, defend, and hold harmless TROBOLO, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the website, or your use or misuse of the website or any Product you purchase.  However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.     

13. About these Terms 

We may modify these Terms or any additional terms that apply to the website or a Product for any reason, for example, to reflect changes to the law or changes to our website or Products. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms.  We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the website, or via email.   By continuing to use the website after we make these modifications, you agree that you will be subject to the modified Terms.  If you do not agree to the modified terms, you should discontinue your use of the website and you should not purchase any additional Products. 

If there is a conflict between these Terms and any additional terms for a service provided through the website or for any Product, the additional terms will control for that conflict. 

These Terms control the relationship between TROBOLO and you. They do not create any third-party beneficiary rights.  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms. 

The laws of the United States and the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms, the website, and/or the Products. 

You may not assign or delegate your rights or obligations relating to these terms or your account for the website without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.   

For information about how to contact TROBOLO, please visit our contact page. 

14. Binding Arbitration

Without limiting your waiver and release in Section 9, you agree to the following: 

 

a. Purpose. Any and all Disputes (as defined below) involving you and TROBOLO will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 14 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the website, the Software, and/or the Products, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "TROBOLO" means TROBOLO and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the website, or the Software, and/or any users or beneficiaries of your purchase of any Product.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to TROBOLO by mail to 200 Continental Drive, Suite 401, Newark, Delaware 19713.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or TROBOLO may bring an individual action in a small claims court in the area where you access the website if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify TROBOLO about your Dispute. You can obtain the JAMS Rules from JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and TROBOLO agree otherwise, any arbitration hearing will take place in Wilmington, Delaware. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be TROBOLO’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse TROBOLO for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, TROBOLO will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable, and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND TROBOLO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.