Terms of Service
Last Revised: 02-09-2023
“Content” refers to any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services.
“Customer” or “You” means the person or entity that subscribes to Services or and anyone who accesses the Services provided to you.
“Promotional Terms” mean terms that apply to special offers from time to time. Promotional terms will be specified in upon sign up. Promotional terms may include a term commitment and an early termination fee in the event the service is not maintained, or in the event you cancel service prior to the end of the term.
“Service(s)” refer to any services you have agreed to obtain from us.
“Service Order” means the form (whether paper or electronic, including on-line order forms), if any, in which you apply for or make changes to Services and may include the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges.
2. Agreement and Acceptance.
These Terms incorporate by reference and you agree to be bound by the following, in this order of priority AND INCLUDING ANY CHANGES:
- the product (plan)-specific terms and conditions, including any Promotional Terms and any additional agreements associated with such products;
- the Service Order, if any;
- any relevant click-through agreement for the Services you received;
- these Terms;
You accept these Terms when you do any of the following: (a) give us your written or electronic signature, (b) tell us orally or electronically that you accept (i.e., by clicking the “I Accept” button for on-line purchases or account changes), or (c) use any Services. If you have never used the Services before and do not wish to be bound by these Terms, do not begin using them and notify us immediately. By accepting these Terms, you acknowledge that you are 18 years of age or older, are competent to enter a contract with us, are signing up for yourself or have the authority to sign up on behalf of the business, and are authorized to obtain Services or make changes to an existing account. You may obtain a copy of these Terms and any product-specific Terms by emailing us at [email protected] These Terms supersedes all statements or promises made to you by any of our employees or agents. If you are a business customer with an existing contract, those contract terms will control.
The services (including the Content) are owned by TriviaHub and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of TriviaHub. You acknowledge and agree that, as between you and TriviaHub, TriviaHub is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
4. Electronic Communications.
The communications between you and TriviaHub via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. User Content.
5.1. User Content and Restrictions. The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:
- is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
- constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
- infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
- encourages criminal conduct;
- contains false, misleading, fraudulent, or deceptive claims or content;
- gives the impression that it emanates from or is endorsed by TriviaHub or any other person or entity, if this is not the case; or
- contains any virus, malware, spyware, or other harmful content or code.
5.2. Rights You Grant to Us. You hereby grant to TriviaHub an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to TriviaHub that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
5.3. No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that TriviaHub is not responsible for, and does not endorse, any User Content.
5.4. No Obligation to Prescreen, Monitor or Use. TriviaHub does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, TriviaHub retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
7. Charges for Services and Taxes, Fees and Surcharges.
You are responsible for paying all charges applicable to Services provided to you including, but not limited to, monthly recurring charges (“MRCs”), access charges, features, changes and moves to Services, on-site visits and no-show charges, IP address charges, billing charges, credit card surcharges, toll, long distance, and directory assistance, and any other usage-based charges at our current rates when used. In addition to the monthly recurring and usage-based charges, taxes, fees, surcharges, assessments, and other charges apply to all Services, including how those may change in the future. In certain service areas paper bills are available for a monthly charge.
As a convenience to you, TriviaHub may include charges for third party services on your bill. You should always review your bill carefully and contact the TriviaHub if you are unsure about a charge on your bill. TriviaHub also offers the ability to block third party charges from your monthly bill. This service is optional and free of charge, and if you are interested in adding a third party block to your account, call a TriviaHub representative at the number found at the top right hand corner of your statement to determine if your account is eligible. The block does not apply to Services provided by TriviaHub or its affiliates to which you subscribe.
8. Billing and Payment; Rate Increases.
We will bill you the rates you were quoted for Services or those associated with the Services you use or ordered, with increases on notice. All recurring charges are billed one month in advance. Billing at a location will begin upon the earlier of (i) the Signup Date (which may be the date administrative access to certain software-based Services is granted to Customer); or (ii) 30 days after delivery of the applicable facility to the Customer premises (if the delay in connection of the facility is due to Customer or its agent); however, TriviaHub may choose to bill in full monthly increments with no proration for partial service periods when service either starts or ends in the middle of a billing cycle.
We reserve the right to back-bill you for Services used but not previously billed.
Payment in full is due no later than the due date indicated on your bill and we may apply a late fee and interest and other charges (including, but not limited to, collection fees) up to the maximum amount permitted by law. Returned checks, payment by phone, paper bills and other fees due to your choice of payment method or billing receipt may also be subject to fees. You agree to pay costs and fees, including but not limited to attorney fees, we incur to collect an unpaid balance from you.
TriviaHub may require you to authorize payment for Services by credit card or by debiting a bank account, and no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.
9. Credits, Deposits and Advanced Payments.
These Terms to provide you Services are subject to credit approval. We may, in our discretion with larger projects, require you to submit a deposit as security for payment of charges or an advanced payment before we establish any Services on your behalf. In the future, an additional deposit may be required if either the amount or number of Services is increased, or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service (if no balance is due). We reserve the right to apply the deposit to any amount due and unpaid but the payment of a deposit in no way relieves you of paying your bills in a timely manner. Regarding advanced payments, any advanced payment will appear as a credit to your first month’s bill. In the future, an additional advanced payment, that will be applied to your bill, may be required if you increase your Services with us.
Fixed-Term Agreements. When you purchased your Service(s), you may have been required to commit to a term or a minimum purchase. EITHER YOU OR WE MAY ELECT NOT TO RENEW YOUR SERVICE BY PROVIDING NOTICE TO THE OTHER NO LATER THAN THIRTY (30) DAYS PRIOR TO EXPIRATION OF THE FIXED TERM. IF NEITHER YOU NOR WE DELIVER A TIMELY NOTICE NOT TO RENEW, THE SERVICES WILL RENEW ON A MONTH-TO-MONTH BASIS. IF WE TERMINATE FOR CAUSE PURSUANT TO SECTION 10 BELOW, YOU WILL BE REQUIRED TO PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 100% OF THE MONTHLY RECURRING CHARGES (“MRCS”) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN CURRENT TERM. OR IF YOU TERMINATE OR DISCONNECT LESS THAN THE ENTIRETY OF YOUR SERVICES SUCH THAT YOUR ACTUAL USAGE AT A LOCATION FALLS BELOW ANY MINIMUM MONTHLY CHARGE (“MMC”) OR MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, YOU AGREE TO PAY AN AMOUNT EQUAL TO THE MMC OR MMF FOR EVERY MONTH REMAINING IN THE THEN CURRENT TERM (“LIQUIDATED DAMAGES”).
YOU AGREE THAT IN THE EVENT OF TERMINATION BY YOU, THE ACTUAL DAMAGE TO TRIVIAHUB IS DIFFICULT TO ASCERTAIN AND THAT THE EARLY TERMINATION FEE REPRESENTS LIQUIDATED DAMAGES AND NOT A PENALTY AND IS A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE FOR OUR SERVICES THAT WE WILL SUSTAIN.
Month-to-Month Agreements. If no length of time is identified on the Service Order or you were not otherwise required to commit to a term, then the term is month-to-month and you or we may terminate at any time by providing notice at least thirty (30) days prior to the effective date of termination. You remain liable for payment of all outstanding charges for all Services you used prior to termination and you will be charged for the full last month of Service with no proration or credit if you terminate Service prior to the last day of your billing cycle.
10. Termination by Us.
Provisioning of the Service is subject to the availability of the requisite facilities. We may limit, interrupt, terminate or refuse to provide a Service if: (a) you do not honor any provision of these Terms; (b) you use a Service in a manner that adversely affects other customers or harasses them, our employees, or others; (c) you use Service to engage in fraud or unlawful conduct or are suspected of doing so; (d) you modify your phone or any software residing thereon from the original manufacturer specifications, including for the purpose of accessing non-TriviaHub services; (e) you use Service in a manner that is excessive or unreasonable when compared to the predominant usage patterns of other customers on a similar service plan in your geographic area (and we may also implement charges or change you to the appropriate rate plan consistent with such use); (f) resell any Service; (g) for any other reason set forth in the relevant tariffs and price lists or terms and conditions; (h) you do not pay any amount to us or billed by us on behalf of others, including disputed amounts that TriviaHub determines are valid charges on your bills; (i) facilities or property associated with providing the Services have been condemned or use has been prohibited by the government in any manner; (j) you are insolvent, have made an assignment for the benefit of credits or you have filed or had filed against you a petition for bankruptcy; or (k) we determine in our sole discretion that facilities are not technically or economically feasible. In the event that we suspend or terminate your access to the Service, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service. You agree that TriviaHub will not be liable to you or to any third party for any such change, suspension, or discontinuance.
11. Personal Identifiers.
We may assign telephone numbers, e-mail addresses, IP addresses, and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that we allow you to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed for Services.
12. Disputed Bills.
You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution provisions in Section 13 and submit your dispute, in writing, within 60 days after the date on the bill. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your bill not disputed within 60 days and must pay those charges.
13. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
Dispute Resolution. By utilizing TriviaHub’s Services and agreeing to these Terms, you agree to the following dispute resolution procedures. YOU AND TRIVIAHUB AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY IN A COURT OF GENERAL JURISDICTION AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CONSOLIDATED ACTION REGARDING A DISPUTE AS DEFINED BELOW. SPECIFICALLY, YOU AND TRIVIAHUB AGREE TO WAIVE ANY RIGHT TO PURSUE A DISPUTE BY JOINING A DISPUTED CLAIM WITH THE DISPUTED CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A DISPUTED CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
If you have a dispute with TriviaHub, you should notify TriviaHub’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing by emailing: [email protected] You must describe your dispute and provide enough detail to allow us to understand it. You must provide any supporting documentation with your written dispute. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute. You and TriviaHub agree that a dispute is any claim or controversy related in any way to TriviaHub’s Services, including charges for Services, Service Order(s) or pursuant to these Terms or any other agreements, whether the dispute arises in tort, contract, by statute or any other legal theory and whether the dispute arises under this or any prior agreement with us or arises after your Services with TriviaHub are terminated.
If you and TriviaHub are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or TriviaHub shall resolve the dispute in only one of two possible ways: (1) by seeking relief in small claims court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on your bill; or (2) by arbitration. This Section does not prohibit you from submitting any issue you have with TriviaHub to any federal, state, or local governmental agency or public service commission which may be able to seek relief from TriviaHub on your behalf. If the dispute is regarding the charges for Services, you agree that if you do not seek relief in small claims court or by arbitration following the 60 day dispute period, then you will immediately begin paying the disputed amount that TriviaHub determines is valid, plus any charges that were not paid during the 60 day dispute period, or TriviaHub may terminate the Services.
Regarding arbitration, you and TriviaHub specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and TriviaHub, subject to any exceptions required by applicable law. The following provisions shall apply to arbitration:
13.1. Demand. If you want to arbitrate a dispute with TriviaHub after expiration of the 60-day dispute period noted above, you must file a Demand for Arbitration claim with the American Arbitration Association (“AAA”). The claim must include (1) the name of each party; (2) the address for each party, including telephone and fax numbers and e-mail addresses, and if applicable, the names, addresses, telephone and fax numbers, and e-mail addresses of any known representatives for each party; (3) a statement setting forth the nature of the claim including the relief sought and the amount involved; (4) if the claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) any supporting documentation. A copy of the Demand, a copy of this arbitration agreement, any supporting documentation, and proof of payment of the filing fee, such as a copy of the check or money order, should be sent to TriviaHub at [email protected] If TriviaHub wants to arbitrate a dispute with you after expiration of the 60-day dispute period noted above, TriviaHub will send a copy of its claim to your billing address.
13.2. Applicable Law. The interpretation and enforceability of the arbitration provisions, and whether a dispute is subject to arbitration, is subject to the Federal Arbitration Act (“FAA”) only and not state law.
13.3. Applicable Rules. TriviaHub and you agree that the arbitration will be conducted by the AAA. The rules governing the arbitration proceeding will be the current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) from the American Arbitration Association, as modified by these Terms. The AAA rules may be accessed at www.adr.org or can be obtained by calling AA at 1.800.778.7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in these Terms as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or TriviaHub requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having judgment thereof.
13.4. Method of Arbitration. If the value of relief sought is $10,000 or less, TriviaHub agrees that you may choose whether the arbitration will be conducted solely on the written documents submitted, by telephone, or in person in the city or county of the billing address reflected on your bill. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The written documents can be the notice to arbitrate that either of us send to the other regarding arbitration and referenced above.
13.5. Arbitration Costs and Attorney Fees. If you properly file a claim with AAA pursuant to these and AAA’s provisions, and the amount of your dispute does not exceed $10,000, at your request TriviaHub will pay for all AAA filing, administrative, and arbitrator fees (“Arbitration Costs”) and your reasonable attorney’s fees (with reasonable hourly rates and expenses to be determined by the location of the arbitration) (“Attorney Fees”) incurred by you regardless of the decision of the arbitrator, unless your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator. A portion of the payment of Arbitration Costs may be in the form of reimbursement, as you may be required to place a deposit when your notice of arbitration is filed. If your claim is found to be frivolous or improper, you agree to reimburse us for all fees associated with the arbitration paid by TriviaHub on your behalf that you otherwise would be obligated to pay under AAA rules. If your dispute exceeds $10,000 but not $75,000, TriviaHub agrees to pay all the Arbitration Costs and 50% of your Attorney Fees. For disputes of $75,000 or more, the AAA rules regarding Arbitration Costs will apply. However, TriviaHub agrees to pay 50% of the Arbitration Costs, and each party will pay its own Attorney Fees incurred for disputes of $75,000 or more. Notwithstanding the foregoing, if your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator, TriviaHub will have no obligation to pay any of your Attorney Fees. If TriviaHub disputes the reasonableness of any Attorney Fees, you agree that the presiding arbitrator shall determine what is a reasonable fee and his/her decision regarding Attorney Fees will be binding on both you and TriviaHub. In no event shall TriviaHub be entitled to an award of its Attorney Fees.
- 13.6. Awards. If the arbitrator’s award is in your favor and is greater than the value of TriviaHub’s last settlement offer made to you prior to selection of the arbitrator, TriviaHub will pay you the amount of the arbitrator’s award or $3,000, whichever amount is greater. TriviaHub also will pay your attorney’s reasonable fees, including expenses, or $2,500, whichever amount is greater.
- 13.7. Injunctive Relief. If you seek declaratory or injunctive relief in the arbitration, the arbitrator may award such relief only to the extent necessary to provide relief warranted by your individual claim.
- 13.8. Consolidation. 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.
- 13.9. Confidentiality. Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by TriviaHub or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TriviaHub is entitled. Neither you nor TriviaHub may disclose the existence, content, or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
- 13.10. Exceptions. Nothing in this Section shall prevent TriviaHub from issuing notices, including take-down notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act, or termination of Service pursuant to TriviaHub’s Acceptable Use Policy for your abuse of your internet access Services. Nothing in this Section shall prohibit TriviaHub from filing a lawsuit in a court of general jurisdiction to collect outstanding balances for unpaid Services, or any other type of charge owed on your account, or for the theft of any Services by you. This Section is intended to resolve outstanding disputes between us and not to collect a debt owed by you to TriviaHub.
- 13.11. Limitation of Liability. This Section is subject to the Limitation of Liability Section in these Terms.
- 13.12. Limitations Period. Any dispute must be brought by you or TriviaHub within two years after the date the basis for the claim or dispute first arises.
Amendment to Arbitration Provisions. Notwithstanding any provision in these Terms to the contrary, you and TriviaHub agree that if TriviaHub makes any future change to this arbitration provision (other than a change to the notice addresses), you may reject any such change by sending TriviaHub written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
If the provisions concerning the waiver of the class or consolidated actions, or the provisions regarding mandatory arbitration, are deemed unenforceable or void as a matter of law, you and TriviaHub agree that all claims will be brought in a court of general jurisdiction and not resolved through arbitration. YOU AND TRIVIAHUB WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS FOR THE SERVICES PROVIDED BY US.
14. Services Provided by Third Parties.
The Services may display, include, or make available third-party content (including data, information, applications, and other product services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that TriviaHub is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. TriviaHub does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. We reserve the right to change or modify the source of any Services provided to you without notice.
15. Third Party Platforms.
TriviaHub may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under TriviaHub’s control. TriviaHub does not assume any responsibility or liability for your use of such Third Party Platforms.
16. Privacy and Customer Proprietary Network Information.
You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. For online orders, we may implement reasonable procedures including, but not limited to, validating information provided by you or restricting the amount of Services purchases online. We reserve the right to cancel or reject on-line orders at any time for security or privacy reasons.
To provide Services to you, we maintain certain customer proprietary network information (“CPNI”). CPNI includes information that relates to the quantity, technical configuration, type destination, location, and amount of use of any telecommunications service we provide to you, and which we obtain because of the carrier-customer relationship between us. CPNI also includes information contained in your bill. We may use and share your CPNI without your permission for the following purposes:
- To protect the rights or property of us or other customers or carriers from fraudulent, abusive, or unlawful use of or subscription to the Services you get from us;
- To initiate, render, bill and collect for your Services;
- To provide information telemarketing, referral, or administrative services to you when you call us if you give us permission to do so;
- To provide call location information regarding the user of a wireless mobile service to certain other parties in an emergency situation;
- To provide information requested by law enforcement or a third party pursuant to a subpoena or other method of requesting information. We will not give you notice of any subpoena or court or administrative orders related to your account, IP address, contact information or use of Services unless required to do so by law.
When you view your account information or shop for Services on-line, you agree that we may display your CPNI on-line after proper verification by you to fill orders or allow you to make account changes.
17. Theft and Fraud.
You agree to keep all passwords, Member ID’s, IP addresses, and computer names confidential. If your Services are lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. If we choose to pursue investigation or prosecution of the loss or theft, you agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
18. LIMITATION OF LIABILITY; DISCLAIMER.
For purposes of this section, disclaimer of warranties and emergency/critical lines sections, “our” or “we” includes TriviaHub’s officers, directors, shareholders, employees, agents, subcontractors, vendors and any entity on whose behalf TriviaHub resells services.
- 18.1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES OR ANY DAMAGE OR LOSS RESULTING FROM THE MAINTENANCE OR REMOVAL OF THE SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE OR FOR ANY SERVICE INTERRUPTIONS, DELAY OR FAILURE TO PERFORM UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE CUTS OR COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
- 18.2. DATA SERVICES. YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL INFORMATION INCLUDING ENCRYPTING IF YOU DEEM NECESSARY.
- 18.3. DISCLAIMER OF WARRANTIES. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY TRIVIAHUB’S EMPLOYEES, AGENTS, OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. TRIVIAHUB DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A PARTICULAR DATE. WITHOUT LIMITING THE FOREGOING, NEITHER TRIVIAHUB NOR ANYONE ASSOCIATED WITH TRIVIAHUB REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- 18.4. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitation in this Section may not apply to you.
You agree to indemnify, defend, and hold TriviaHub and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from and against any claims, liabilities, losses, damages, judgments, award, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or resulting from content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, including your violation of any rights of another. You acknowledge that you are responsible for all use of the Service using your account, including use by subaccounts, and that these Terms, including, without limitation, the Privacy Policies, as amended from time to time, apply to any and all usage of your account, including use by subaccounts. You agree to abide by these Terms and you agree to defend, hold harmless, and indemnify TriviaHub from and against any and all claims stemming from usage of this account and any subaccounts, whether or not such usage is expressly authorized by you. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms.
20. Changes to these Terms.
We may change these Terms, including any change in any charge or fee or the imposition of a new charge or fee, at any time at our sole discretion if we give you notice of the change. The date these Terms were last updated is set forth at the top of this page. If we make a change to these Terms that is material and you do not wish to accept such material change, you may terminate the affected Service by giving us 30 days’ notice, in which case you will not be subject to an early cancellation fee. You will, however, still be responsible for all charges for Services provided before you terminated the affected Service. A material change is ONLY a change that (a) terminates or substantially reduces the availability of a Service for you or (b) results in the increase of any charge by more than 10% of the monthly access charge for that Service. Material changes in your Service DO NOT include the increase in, or imposition of: (1) any charge required to be collected by any governmental authority, such as taxes or surcharges, or (2) any charge not prohibited by any governmental authority to recoup our expense incurred to comply with a governmental requirement.
If TriviaHub makes future changes to the arbitration provision in that Section (other than a change to the notice addresses), you may reject this change by sending TriviaHub written notice within 30 days of the change to the Arbitration Notice Address. By rejecting the change, you agree that you will arbitrate any dispute between us in accordance with the language existing prior to the change. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
21. Governing Law; Jurisdiction and Venue.
These Terms, any other agreement you have with TriviaHub, and our provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us, other than such laws and case law that would result in the application of laws other than the identified state and (b) any applicable federal laws including, but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an inconsistency between any governmental requirement and these Terms regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
We may assign these Terms to another entity without any advance consent from or notice to you. You may not assign these Terms without our consent.
23. No Waiver, Severability.
If we do not enforce any right or remedy available under these Terms, that failure is not a waiver. If any part of these Terms are held invalid or unenforceable, the remainder of these Terms will remain in force.
24. Product Plan – Specific Terms.
Product Descriptions generally can be found at www.triviahublive.io. Some Services have certain system requirements. Please see the relevant product description for details.
- 24.1.Credit Card Acceptance. Credit card processing services are NOT provided by us and are instead provided by a third-party vendor, with which you may be required to enter an agreement. We do not in any way provide credit card processing services, and we are not liable for, nor do we make any representation or warranty regarding the vendor’s services. You are solely responsible for any applicable Payment Card Industry security and other standards applicable to accepting credit cards.
- 24.2. Identity Protection. TriviaHub partners with a third-party vendor to provide service. As a result of this, you may be required to accept certain terms and conditions of the service as required by the third party. TriviaHub reserves the right to alter the service in any way including, but not limited to changing the third-party provider of the service or discontinuing this service at any time.
- 24.3.Online Backup. TriviaHub partners with a third-party vendor to provide service. As a result of this, you may be required to accept certain terms and conditions of the service as required by the third party. TriviaHub reserves the right to alter the service in any way including but not limited to changing the third-party provider of the service or discontinuing this service at any time.
- 25.1. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms Conditions will continue in full force and effect.
26. Notice to California Residents.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If there are any questions about the Services or these Terms, please email us at [email protected] or write to us at 1209 Orange Street – Corporation Trust Center, Wilmington, New Castle County, Delaware 19801.