About our Terms and Conditions

Welcome to Trekk. We developed our service (the “Service”) to make it easy for you to build text marketing programs online.

We tried to draft these Terms and Conditions to be readable to people like us. Unfortunately, the realities of the legal world make it a very difficult task. So, should you have any questions or concerns or would simply like to better understand how we do things at Trekk, please do not hesitate to contact us.

Terms and Conditions of Service

THESE TERMS AND CONDITIONS OF SERVICE (“TERMS” or “TERMS OF USE”) CONSTITUTE A CONTRACT BETWEEN YOU (THE SUBSCRIBER, AGENT OR END USER), AND TREKK, INC. AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU AND YOUR AGENTS, WHETHER IN CONNECTION WITH PUBLIC USE, A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE.

The words “User”, “You” or “Your” refer to the individual user, subscriber or customer visiting the Trekk.com website or using a Trekk Service. By accepting these Terms or by accessing or using the Service or Site, or authorizing or permitting any other Agent or End User to access or use the Service, You agree to be bound by these Terms. These Terms apply to You, the Subscriber, Agents, and End Users, and by using the Service each agrees to be bound by these Terms and acknowledges that such users are 13 years of age or older. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Locent that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service or Site.

We may revise and update these Terms of Use at any time without notice by posting the amended terms to the website applicable to the Services. Your continued use of the Services means that You accept and agree to the revised Terms of Use. If You disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Services, Your sole and exclusive remedy is to discontinue using the Services. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located on the website applicable to the services.

Definitions

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

Account means all Trekk accounts or instances created by or on behalf of Subscriber or its Agents within the Service.

Agent or Account Login means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.

End User means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.

Form means any agreements between You and Trekk other than this one, and any Trekk generated service order form executed or approved by You with respect to Your subscription to the Service, which form may provide details under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.

Trekk means Trekk, Inc., a Delaware Corporation or any of its successors, assignees or affiliates. In these Terms, Locent may also be referred to through the use of “We” or “Our.”

Service means the Trekk services consisting of customer services, mobile request features, online and mobile messaging and information aggregation and delivery services that make available information, data, text, messages and other materials from Subscribers. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service are also subject to these Terms, and We reserve the right to deploy such features, updates or enhancements at any time.

Service Plan means the service plan and the functionality and services associated therewith (as detailed on the Site and/or in a Form) for which You subscribe with respect to each Agent.

Site means www.Trekk.com and all other websites owned or operated by Trekk or its subsidiaries and affiliates.

Subscription Term means the period during which You have agreed to these Terms either expressly or by usage of the Site and/or Services.

Your Data means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End Users in connection with Your use of the Service.

General Conditions

Subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Services consistent with the Service Plan You subscribe to for Your internal business purposes. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms or use the Service on behalf of any third party other than Agents or End Users.

You are responsible for compliance with the provisions of these Terms by Agents and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual.

All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials transmitted using the Service (“Content”) are the sole responsibility of the Subscriber from whom such Content originated. Subscribers are responsible for the Content that they send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Trekk website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Trekk does not control the Content transmitted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Trekk and any of its Subscribers have the right to use, edit, reproduce, distribute, display, or perform any Content You submit to the Service in any manner whatsoever. Under no circumstances will Trekk be liable in any way for any Content.

You agree that You will not use the Service to send, post, upload, transmit or otherwise make available any Content:

– That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;

– That is fraudulent, deceptive or illegal;

– That contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;

– That bullies, harasses, advocates or encourages harassment of another person;

– That You do not have legal rights to make available under any law or under contractual or fiduciary relationships;

– That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;

– That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;

– That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses; or

– That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment.

You agree that You will not use the Service to:

– Harm, scare or threaten anyone in any way;

– Impersonate any person or entity;

– Falsely state or otherwise misrepresent Your affiliation with a person or entity;

– Use any robot, spider or other automatic device, process or means to access the Services;

– Use the Services as a means of registration or validation with any third party, including, but not limited to, any third party services, applications, automated service or websites;

– Use the Services as a means of transmitting unsolicited or non-consensual commercial messages;

– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

– Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service;

– Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law; or

– Provide support, information or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Without limiting the foregoing You acknowledge that certain statutes and regulations, including without limitation the Telephone Consumer Protection Act of 1991 and the regulations promulgated thereunder (the “TCPA”) may govern You use of the Service; Subscriber does not require that End Users receive Content through the Service; End Users will affirmatively designate the number at which to receive the Content (which shall not be pre-populated by Subscriber in an online form); and Subscriber will indemnify and hold Trekk and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of Subscriber’s failure to adhere to these terms or to otherwise comply with the TCPA. Additionally, You agree to defend, indemnify and hold harmless Trekk and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Services or the delivery of products, services or information through the Services, from any breach of these Terms by You. You will also indemnify and hold Trekk harmless from and against any claims brought by third parties arising out of Your use of the information accessed from through the Services or related website(s).

End Users acknowledge, understand and agree that Trekk, its designees and Subscribers shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and We assume no responsibility for the Content of any kind provided through the Service. You agree that You must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, You acknowledge, understand and agree that You may not rely on any Content created by Trekk or submitted to Trekk for quality or accuracy.

By participating in a Trekk text chat, text to screen or alerts program, each End User agrees that such End User is the primary owner of the phone number used. End Users may unsubscribe from the Service at any time by Emailing hello@Trekkmoving.com. The Service may not be compatible with all mobile devices. SMS connectivity is provided through Trekk. If an End User texted into or received a text message from one of Our virtual numbers, then such End User may unsubscribe at any time by texting STOP to that number.

You agree that Trekk, in its sole discretion, may establish general practices and limits concerning use of the Service. You agree that Trekk has the right to store, but has no responsibility or liability to store or for the deletion or failure to store, any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Trekk reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Trekk’ sole discretion.

In addition to Our other rights set forth in these Terms, Trekk reserves the right, in Trekk’s reasonable discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which Trekk will use commercially reasonable efforts to notify You in advance both through a notice to Your Account owner and Agents) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning; or (c) if We suspect or detect any malicious software connected to Your Account or use of the Service by You, Agents or End Users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Pacific time zone) and other off-peak hours.

Use of Information

A Subscriber’s program may ask an End User to provide personally identifiable information to participate in that program. By providing that information such End User agrees that Trekk may store the information such End User provides and that the Subscriber may use the information for that program and for future programs hosted by that Subscriber. Trekk will not sell this personally identifiable information with other Subscribers or third parties. Trekk obtains information regarding each End User’s wireless services provider (“mobile carrier”) through the applicable mobile phone number.

Subscribers may ask End Users to submit information about themselves if they have specifically opted-in to receive communications from such Subscribers. If an End User chooses to submit information, then Subscribers may use this information and may share such information with third parties.

You acknowledge, understand and agree that Trekk may access, store and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights or content of third parties; (d) respond to customer service requests; or (e) protect the rights, property or personal safety of Trekk, its users, Subscribers and the public.

Billing, Plan Modifications and Payments

Please note: message and data rates may apply to usage of the Service.

In addition to any charges that Trekk may apply for installation and/or use of the Services, if any, your mobile service provider may also charge for use of their network, such as for data usage or sending and receiving text messages on your mobile phone, tablet, personal digital assistant or other digital electronic devices (your “Device”).

Unless otherwise indicated on a Form referencing these Terms, all charges associated with Your access to and use of the Service (“Subscription Charges”) are due in full upon commencement of Your Subscription Term. If You fail to pay Your Subscription Charges or charges for other services indicated on any Form referencing these Terms within five (5) business days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Service by You, Agents and End Users.

If You choose to upgrade Your Service Plan during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.

No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Service Plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Locent does not accept any liability for such loss.

Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes and We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

Cancellation and Termination

Unless otherwise indicated on a Form referencing these Terms, either You or Trekk may elect to terminate Your Account and subscription to the Service as of the end of Your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences.

No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. No refunds or credits will be provided for design, custom development or training once delivered. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled.

If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to the Terms, in addition to other amounts You may owe Trekk, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Trekk, provided that You provide advance notice of such breach to Trekk and afford Trekk not less than thirty (30) days to reasonably cure such breach.

Trekk reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Agents or End Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our copyright infringement notice and takedown policies described below. Unless legally prohibited from doing so, Trekk will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Trekk shall not be liable to You, Agents, End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.

Intellectual Property

Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The Services (including all information, software, text, displays, images, audio graphics, headers, icons, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, products, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services, unless otherwise indicated) are owned, controlled, and licensed by Trekk, are proprietary to Trekk or its affiliates or licensors and are protected by law, including, but not limited to, United States and international laws regarding copyrights, trademarks, trade secrets, patent and other proprietary rights, as well as other state, national and international laws and regulations. Except as expressly provided herein, Trekk does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service, including all related intellectual property rights, will remain with and belong exclusively to Trekk. Trekk shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents or End Users (including without limitation any add-ons or modifications described in any Form). “Locent” and Trekk’s product and service names and logos used or displayed on the Service are trademarks of Trekk (collectively, “Marks”), and You may only use such Marks as expressly allowed by Locent, such as to identify You as a Subscriber; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Trekk, its services or products.

Trekk respects copyright law and We expect You to do the same. Unauthorized copying, distribution, modification, display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holder rights. As a condition of access to the Service by You, Agents and End Users, You agree that You will not use the Service to infringe the intellectual property rights of other people or entities in any way. Locent reserves the right to terminate the account or usage of You, Agents or End Users upon any single infringement of the rights of others in conjunction with use of the Service or for any other reason or no reason in Trekk’s sole discretion.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Trekk will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Locent. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to hello@trekkmoving.com.

Warranties Disclaimer

THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IT ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. TREKK, SUBSCRIBER AND TREKK’S LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TREKK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. TREKK, SUBSCRIBER AND TREKK’S LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, DATA OR ADVICE OBTAINED THROUGH THE SERVICE. TREKK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION, DATA OR ADVICE RECEIVED THROUGH ANY SUCH GOOD OR SERVICE, INCLUDING LINKS TO SAID INFORMATION, DATA OR ADVICE.

If an End User uses the Service to purchase or otherwise engage in direct transactions with Subscriber, then all such transactions shall be governed by the terms and conditions entered into with Subscriber. Under no circumstances shall Trekk have any responsibility or liability therefrom. If an End User believes that Subscriber is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the CTIA Wireless Association, Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, then such End User shall immediately report any such suspected violations to Trekk.

END USER UNDERSTANDS AND AGREES THAT IF END USER CLICKS ON, DOWNLOADS OR OTHERWISE OBTAINS MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE, THEN END USER DOES SO AT END USER’S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO END USER’S COMPUTER SYSTEM, COMPUTING DEVICE, AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TREKK, ITS SUBSCRIBERS OR ITS LICENSORS BE LIABLE TO ANY USER FOR THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, PURPOSEFUL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, (EVEN IF TREKK OR ITS SUBSCRIBERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Additional Limitations of Liability

Without limiting the foregoing, under no circumstances shall Trekk, Subscriber or Trekk’s licensors be held liable for any delay, outage or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or Your actual state or country of residence. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, Los Angeles County, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Privacy Policy

The Trekk Privacy Policy is found at www.Trekk.com/privacy. You, Agents and End Users acknowledge that they have read, understand and agree to be bound by Trekk’s Privacy Policy.

Export Compliance and Use Restrictions

The Service may be subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service by You, Agents and End Users. You shall not access or use the Service if You are located in any jurisdiction in which the provision of the Service is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Agents or End Users to access or use the Service in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You are located.

Notice

All notices to be provided by Trekk to You or End User under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or US mail to the contact mailing address provided by You on any Form; or (ii) electronic mail to the contact email address provided by You or End User. You must give notice to us in writing by Courier or US Mail to the following address: Trekk, Inc., PO BOX 5321 Santa Monica, CA 90409. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

Federal Government End Use Provisions

If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, the Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to You with only those rights as provided under the terms and conditions of these Terms.

Entire Agreement

These Terms, together with any Form(s), constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Trekk. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.