Terms of Service of trnkey.com

This website is provided to you by trnkey, inc. (d/b/a “trnkey”, and referred to herein as “Concierge Services”).

You agree to the following terms and condition (“Terms”), which govern your use of this website, and all software, applications, and services provided by trnkey, inc. (collectively, the “Services”).  As used herein, the terms “trnkey, inc.”, “trnkey” or “re:place”, “Concierge Services”, “us,” “we,” or “our” mean trnkey, inc., any subsidiary or affiliate of that provides you any part of the Services, and any employee, agent, independent contractor, affiliate, designee, or assignee of trnkey, inc. that we may, at our sole discretion, choose to involve in the provision of the Services.

Before we can permit use of the Service, it is important to us that we have a common understanding concerning the terms that govern such use. These terms (“Terms of Service”), and the privacy policy (“Privacy Policy”), together set forth and establish our common understanding about your use of the Service including any content, functionality, and services offered on or through trnkey, smartphone and tablet apps, or other portal (the “Website”) (collectively, the “Agreement“) on behalf of you or your organization (hereinafter, the “Client“).

You must be at least eighteen (18) years of age to use our Services. By using our Services you warrant and represent that you are at least eighteen (18) years of age.

User’s Acceptance of this Agreement

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS WELL AS THE PRIVACY POLICY (“https://yourpartnerpage.com/privacy-policy/”) INCORPORATED HEREIN BY REFERENCE. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THE SERVICE FROM TIME TO TIME.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, PERSON, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU,” “YOUR,” OR “THE CLIENT” SHALL REFER TO SUCH ENTITY AND AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ANY OF THE PARTIES NAMED HEREIN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY ALL TERMS BELOW FOR DETAILS.

Authorized Users

Client may allow Client’s employees, independent contractors, assistants, colleagues, team members, agents, and clients or any affiliate of any of these parties to use the Service on behalf of Client (“Authorized Users“). As a condition to such use, Authorized Users shall abide by the terms set forth herein. Client and Authorized Users shall immediately notify us in the event that Client or an Authorized User becomes aware of any violation of the terms of this Agreement. Client shall be liable for any breach of the Agreement by any Authorized User. Client and all Authorized Users will protect the confidentiality of all account information, including usernames and passwords and all other identifying information, and will not share such information with any person.

You acknowledge that we may disclose and transfer any information that you provide through the Service to (i) our affiliates (provided that in no event shall any owner, employee, officer, agent, director or contractor of trnkey be entitled to use such information for any purposes other than in connection with providing the Service to you in accordance with these terms); (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.  You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Service you agree to such transfers. Use of the Service, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using the Service expressly consents to such monitoring, tracking and recording.

Sites and Services Use Limitations

This website, all of its sub-domains, and any software you encounter through our Services are referred to as “Sites.”  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from our Sites. You specifically agree not to access (or attempt to access) the content of our Sites through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to our Sites.

Service Content and Materials

The information on the Service is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. The information on the Service is not intended as an offer or solicitation for the purchase of any interest in trnkey itself.

Certain portions, content and features of the Service may provide disclosures and disclaimers.  In the event of a conflict between those disclosures and disclaimers, and these terms, the disclosures and disclaimers will govern to the extent of the conflict.

You agree that (i) you will not engage in any activities related to the Service that are contrary to applicable law, regulation or the terms of any agreements you may have with trnkey and , and (ii) in circumstances where locations of the Service require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SERVICE OFFERINGS, SERVICES AND TRANSMISSIONS WITHOUT PRIOR NOTICE TO ANYONE. FURTHERMORE, BY OFFERING THE SERVICE AND INFORMATION, PRODUCTS OR SERVICES, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE SERVICE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SERVICE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

CLIENT MAY NOT USE OR OTHERWISE EXPORT OR RE-EXPORT THE SERVICE OR ELEMENTS THEREOF EXCEPT AS AUTHORIZED BY UNITED STATES LAW AND THE LAWS OF THE JURISDICTION IN WHICH THE SERVICE WAS ACCESSED OR OBTAINED. IN PARTICULAR, BUT WITHOUT LIMITATION, THE SERVICE MAY NOT BE EXPORTED OR RE-EXPORTED (A) INTO ANY U.S.-EMBARGOED COUNTRIES OR (B) TO ANYONE ON THE U.S. TREASURY DEPARTMENT’S SPECIALLY DESIGNATED NATIONALS LIST OR THE U.S. DEPARTMENT OF COMMERCE DENIED PERSONS LIST OR ENTITY LIST. BY USING THE APPLICATION, CLIENT REPRESENTS AND WARRANTS THAT IT IS NOT LOCATED IN ANY SUCH COUNTRY OR ON ANY SUCH LIST. CLIENT ALSO AGREES THAT IT WILL NOT USE THE SERVICE FOR ANY PURPOSES PROHIBITED BY APPLICABLE LAW.

THE SERVICE AND RELATED DOCUMENTATION ARE “COMMERCIAL ITEMS”, AS THAT TERM IS DEFINED AT 48 C.F.R. §2.101, CONSISTING OF “COMMERCIAL COMPUTER SOFTWARE” AND “COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION”, AS SUCH TERMS ARE USED IN 48 C.F.R. §12.212 OR 48 C.F.R. §227.7202, AS APPLICABLE. CONSISTENT WITH 48 C.F.R. §12.212 OR 48 C.F.R. §227.7202-1 THROUGH 227.7202-4, AS APPLICABLE, THE COMMERCIAL COMPUTER SOFTWARE AND COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION ARE BEING LICENSED TO U.S. GOVERNMENT END USERS (A) ONLY AS COMMERCIAL ITEMS AND (B) WITH ONLY THOSE RIGHTS AS ARE GRANTED TO ALL OTHER END USERS PURSUANT TO THE TERMS HEREIN.

User Security

We do not sell any user account information to third-parties or any individuals for any reason. Each user grants us and our third party-partners and affiliates the right to share user information necessary to provide the services offered by trnkey. Our platform is built on the Salesforce Platform™ and is covered by the Salesforce® Security Guide. We do not make representations or warranties regarding Salesforce® security, and shall not be responsible for any breaches or failures of Salesforce® security.

We do not claim ownership rights in the documents, text, files, images, links, works of authorship, or any other materials that Client uploads, downloads, stores, or shares via the Service (collectively, “Client Content“). However, by uploading, downloading, storing or sharing Client Content through the Service, Client hereby grants us and our third party-partners a license under any of Client’s applicable intellectual property or other rights protecting the Client Content for the purpose of transmitting or storing them in connection with the Service. We reserve the right to remove any of the Client Content from the Service at our sole discretion for any reason, including, without limitation, if we determine that it may infringe another party’s rights, this Agreement, our policies, or applicable law.

Communication Updates

Client acknowledges that the Service sends out automatically generated electronic communication messages on the Client’s behalf to Client’s contacts and others that Client indicates are to receive such communications. The Client acknowledges the Service will also send automatically generated electronic communication alerts to the Client related to contact activities.

Consent to Receive Commercial E-Mail, SMS and Text Messaging

We may need to be able to communicate with Client about the Service and would like to make certain commercial offers available to Client from time to time. You consent on behalf of Client and Authorized Users to receive commercial emails, SMS and text messaging from us and/or our partners, and acknowledge and agree that your email addresses, phone numbers and other information may be used for the purposes of initiation of commercial email, SMS and text messages. We will allow Client to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), Client may need to terminate its service request or account.

Links to Other Sites

Links to non-trnkey non- websites are provided solely as pointers or recommendations to information on topics that may be useful to the Client or websites, and we have no control over and make no representations or warranties with respect to the content on such non-trnkey non- websites. If you, your client, or an affiliate choose to link to a website not controlled by us, we make no representations or warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we represent or warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third-parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to non-trnkey non- sites do not imply any responsibility for the opinions, ideas, information, or services offered at such sites, or any representation regarding the content at such sites.

Use of Our Email Addresses, Phone Numbers, and Live Chat

You agree to use communication methods made available by trnkey and only to send messages and material that are proper and related to the subject matter for which this communication method was made available. By way of example, and not as a limitation, you agree that when using an email, phone number, chat, or other communication method made available through our Services, you will not do any of the following: 1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, false, untruthful or unlawful material or information; Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters. You acknowledge that all forums are public and not private communications.

License to Use Sites

Unless otherwise stated, trnkey and/or its licensors own the intellectual property rights in all material found in its Services.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from Sites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not:

• republish material from our Sites or any of our Services (including republication on another website);
• sell, rent or sub-license material from our Sites or any of our Services;
• show any material from our Sites or any of our Services in public;
• reproduce, duplicate, copy or otherwise exploit material from our Sites or any of our Services for a commercial purpose; or
• edit or otherwise modify any material from our Sites or any of our Services;
• or redistribute material from our Sites or any of our Services.

Copyright and Trademark Information

All material provided by our Services are the property of trnkey and its affiliates and licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. trnkey is a trademark or a registered trademark of trnkey, inc. in the United States and certain countries. All trnkey product names and logos are trademarks or registered trademarks of trnkey, inc.  All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.

The works of authorship contained in the Service (including the Website), including but not limited to all design, text, sound recordings, video recordings, trademarks, trade names and images, are owned, except as otherwise expressly stated, by us or one of our subsidiaries or affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, edited, reconfigured, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notices as may be contained in the information, as downloaded.

Client acknowledges and agrees that portions of the content and other features available not be edited or modified in any way, except email templates may be edited and modified by Client at Client’s own risk.

Phone Calls, Emails, and Text Messages (SMS)

By providing any contact information you submit through any form on this website, or through any other interactions with our Services you are agreeing to be contacted by, or on behalf of, “trnkey” & “re:place” via phone call, text messaging (SMS), and/or email. This includes SMS messages for appointment scheduling, appointment reminders, service instructions, service confirmations, and service notifications. Messaging frequency may vary. Message & data rates may apply. You can reply STOP at any time to opt-out and stop receiving text messages. You can unsubscribe or opt-out from our email marketing at any time. For assistance, message HELP or email us at [email protected]. For more information on our privacy policies, visit https://yourpartnerpage.com/privacy-policy/.

Third Party Product and Service Offerings

The product and service offerings made available for purchase by you through our Services are made and offered by third-party product and service providers (“Providers”). When you purchase any product or service through our Services, you are contracting directly with each of the Providers that will be providing that product or service to you. trnkey facilitates your transaction with these Providers and may receive compensation from Providers as a result of your purchase(s).

You are not purchasing or ordering products or services from trnkey when you make a purchase through one of these Providers. Although we are interested in receiving feedback regarding Providers, and their products and services, and may from time to time assist you in your dealings with such service providers, trnkey and  is not responsible for the performance of any of the Providers. trnkey does not make any representation about the suitability for the information, software, products or service contained on this website or any of our Services regarding Providers. All such information we provide to you regarding Providers is provided “as is” and “where is” without warranty of any kind, and you agree to determine your own suitability of any product or services made available to you before making a purchase from any of the Providers.

trnkey hereby disclaim all warranties and conditions with regard to the Providers’ products and services, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our Services or with any delay or inability to use this website or our Services to obtain any information, perform research, or purchase from Providers; or otherwise arising out of our Services, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.

Prices and Availability

Prices and availability of product and service offerings from Providers are subject to change without notice. We reserve the right to revoke any offering and to correct any errors, inaccuracies or omissions, which may occur. You have no obligation to use our Services or to contract with the Provers whose products and services are offered through our Services. Providers are not obligated to offer their products or services through our Services, and we may not make available through our Services all of the Providers products and services available to you.

Information Sent to Providers

We may transfer information from or about you to one or more of the Providers in connection with our efforts to help you seamlessly purchase products and services, to enable you to receive and claim special promotions from cooperative businesses in your neighborhood, and/or to enable companies and trnkey to include you in anonymized audience segments to surface relevant content to you (more information about how your information is stored, may be used, and how to opt-out of certain activities, can be found in our Privacy Policy, found at https://yourpartnerpage.com/privacy-policy/.  

Confidentiality

The data and the files that Client enters into the Service shall, except to the extent provided herein, constitute the confidential information of Client (“Confidential Information“). Except as is set forth herein, we agree not to disclose your Confidential Information and agree only to use the Confidential Information in connection with the Service. We may disclose Confidential Information as may be required by law or pursuant to court order. Confidential Information shall not include any information which (i) is now, or hereafter becomes, through no act or failure to act on our part, generally known or available to the public without breach of this Agreement by us; (ii) was acquired by us without restriction as to use or disclosure before receiving such information from the disclosing party; (iii) is obtained by us from a third party authorized to make such disclosure; or (iv) is independently developed by us without use of or reference to your Confidential Information.

Changes to Terms

We reserve the right to amend or otherwise modify these Terms, as we solely deem appropriate. Your continued use of Services will signify your acceptance of the revised Terms.

Enforceability

In the event any of the terms or provisions in these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms shall be subject to all other agreements (if any) that you have entered into with us.

Termination

We may terminate your access to and use of our Services, at our sole discretion, at any time and without notice to you if you are reasonably believed to have breached these Terms.

Disclosure & Hold Harmless

We are not responsible for any Client Content entered or uploaded into the Service, whether entered or uploaded by the Client, an Authorized User, or anyone acting on behalf of, at the direction of, or with the consent of the Client or any Authorized User. By agreeing to these terms, you understand and accept the responsibility of being a user on the Service. We are held harmless for all Client Content.

We will not be held responsible for any new account created. All information entered in the Service must be true and accurate of that person. Each user hereby agrees that all information entered into the Service is true and accurate. If an Authorized User enters in false information, makes a mistake when entering their information or maliciously enters erroneous information, we are not responsible, and you will indemnify and hold us harmless for all claims, damages, costs, expenses, charges and fees we incur as a result of all information entered. You take full responsibility of their actions and information that is entered into the Service.

Modifications

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access the Service, so you are aware of any changes, as they are binding on you.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of our Services.

Force Majeure

Neither party shall be in default for failing to perform any obligation hereunder, if such failure is caused by supervening conditions beyond the parties’ respective control, including without limitation, Acts of God, illegal acts of third parties, civil commotion, strikes, terrorism, failure of third party networking equipment, failure of the public Internet, power outages, labor disputes, or misrepresentations of third-party’s, or governmental demands.

Indemnity

You will indemnify and hold harmless the trnkey Parties, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) you and your Authorized Users’ access to or use of the Services, Tools, or Content, (ii) your and any of your Authorized Users’ User Content, (iii) acts or omission of any of your Authorized Users, or (iv) your or your Authorized Users’ violation of these Terms or any applicable law.

Limitation of Liability

NEITHER THE CONCIERGE SERVICE PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR CONTENT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Illinois, without regard to its conflict of law’s provisions. Although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. Except as otherwise expressly set forth herein the exclusive jurisdiction for all Disputes (defined below) that you and the Concierge Service Parties, whether you are not required to arbitrate or not, will be the state and federal courts located in Cook County, Illinois, and you and the Concierge Service Parties waive any objection to jurisdiction and venue in such courts.

Mandatory Arbitration of Disputes

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You, trnkey and agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and, trnkey and are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Exceptions and Opt-Out

You may seek to resolve a Dispute in small claims court if it qualifies. We each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.

If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in Cook County, Illinois unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You will pay for all filing, administration and arbitrator fees and expenses of your Dispute.

Class Action Waiver. YOU AND CONCIERGE SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of representative or class proceeding.

Severability

If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the subjects hereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Publicity

You agree that we may identify you as a trnkey Client in our promotional materials. We will promptly stop doing so upon your request sent to [email protected].

Notices

Any notices or other communications provided by us under these Terms, including those regarding material modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You agree to designate one or more points of contact for notices, billing, and privacy and security issues (“Designated POC”). Your default Designated POC will be emailed as entered in your trnkey and or re:place Account. It is your responsibility to ensure you deliver to us an accurate email address that can be responded to by someone capable of administering your account, as your Designated POC.

Waiver of Rights

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of trnkey, inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are the complete agreement between you and trnkey, inc. and they supersede and replace any previous agreements or verbal commitments.

Miscellaneous

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law.

We may freely transfer or assign this Agreement and any of our rights or obligations hereunder.

Client may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void.

No waiver by trnkey of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of trnkey and  to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

The Agreement constitutes the sole and entire agreement between you, trnkey, and  and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Contact Information

If you have any questions about these Terms or our Services, please contact us at [email protected].