Terms of Service
Testimonial Tree, Inc.
Revised/Updated: December 2019
These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Testimonial Tree, Inc. ("Testimonial Tree," "we," "us," or "our") regarding your use of our website, services, and software platform for testimonial and review management.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.
1. PRIVACY POLICY
Our Privacy Policy is located at https://testimonialtree.com/legal/privacy-policy. Our Privacy Policy is incorporated into this Services Agreement by this reference. By using our Services, you agree to the terms of our Privacy Policy.
2. ACCEPTABLE USE POLICY
You agree to use our Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate Testimonial Tree, a Testimonial Tree employee, another user, or any other person or entity
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services
- To use the Services to collect or store personal data about other users
- To use any robot, spider, or other automatic device, process, or means to access the Services
3. ACCOUNT INFORMATION AND DATA
3.1 Account Registration
To access certain features of our Services, you must register for an account. When you register for an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept all responsibility for activity that occurs under your account
- Notify us immediately of any unauthorized use of your account
3.2 Your Data
You retain ownership of all content and data you submit to our Services ("Your Data"). By using our Services, you grant Testimonial Tree a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Data solely for the purpose of providing the Services to you.
3.3 Data Security
We implement commercially reasonable security measures to protect Your Data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security of Your Data.
4. INTELLECTUAL PROPERTY OWNERSHIP
We own the rights, title, and interest, including related intellectual property rights, in and to Testimonial Tree, Inc., including:
- Proprietary software, hardware, products, processes, algorithms
- Methods, publications, ideas, concepts, technology, and techniques
- User interface designs, artwork, graphics, and text
- All improvements, enhancements, or modifications to the Services
- All trademarks, service marks, and trade names
This Agreement does not transfer to you any ownership rights in the Services or any intellectual property rights owned by Testimonial Tree.
The Testimonial Tree name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Testimonial Tree or its affiliates. You must not use such marks without our prior written permission.
5. FEES AND BILLING
5.1 Subscription Fees
You are responsible for and must pay for using our Services. By subscribing to our Services, you agree to pay the applicable subscription fees ("Subscription Fees") as described on our website or in your service agreement. Payments for Subscription Fees are nonrefundable.
5.2 Billing and Renewal
- Subscription Fees are billed in advance on a monthly or annual basis
- Your subscription will automatically renew at the end of each billing period unless you cancel
- We reserve the right to change our pricing with thirty (30) days' written notice
- You must provide accurate and complete billing information
- You authorize us to charge your payment method for all fees incurred
5.3 Late Payments
If payment is not received within the specified time, we may charge a late fee of two percent (2%) per month on the outstanding balance, or the maximum amount permitted by law, whichever is lower. We reserve the right to suspend or terminate your access to the Services for non-payment.
5.4 Taxes
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding only taxes based on our net income.
6. TERM AND TERMINATION
6.1 Term
This Agreement commences on the date you first access or use our Services and continues until terminated as set forth herein.
6.2 Termination
Either Party may terminate this Services Agreement for any reason upon thirty (30) day written notice to the other Party. We may also terminate or suspend your account immediately, without prior notice or liability, if:
- You breach any provision of this Agreement
- You fail to pay applicable fees when due
- We are required to do so by law
- We discontinue the Services
6.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. INDEMNIFICATION
You agree to indemnify and defend Testimonial Tree, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns against any third party claim, suit, award, judgment, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
- Your violation of this Agreement
- Your use of the Services
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Any content or data you provide to the Services
- Your negligence or willful misconduct
8. DISCLAIMER OF WARRANTIES
YOU ACCEPT OUR SERVICES "AS IS" AND AS AVAILABLE. WE PROVIDE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
We do not warrant that the Services will meet your requirements or that any results or information obtained from the Services will be accurate, reliable, current, or complete. You acknowledge that your use of the Services is at your sole risk.
9. LIMITATION OF LIABILITY
OUR LIABILITY ARISING OUT OF OR RELATED TO THIS SERVICES AGREEMENT WILL NOT EXCEED THE FEES PAID TO US FOR YOUR USE OF THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THAT THE CLAIM AROSE.
IN NO EVENT SHALL TESTIMONIAL TREE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Services
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Services
- Any bugs, viruses, trojan horses, or the like that may be transmitted through the Services
- Any errors or omissions in any content
- Any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services
10. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
You agree that any legal action or proceeding between you and Testimonial Tree shall be brought exclusively in the federal or state courts located in Lee County, Florida. You consent to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.
11. GENERAL PROVISIONS
11.1 Entire Agreement
This Agreement, together with our Privacy Policy and any other legal notices published by us on the Services, constitutes the entire agreement between you and Testimonial Tree concerning the Services.
11.2 Modification
We reserve the right to modify this Agreement at any time. We will notify you of any material changes by posting the new Agreement on our website. Your continued use of the Services after such modifications constitutes your acceptance of the updated Agreement.
11.3 Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
11.4 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.5 Assignment
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign this Agreement without your consent to any successor in interest.
11.6 Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.
12. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at:
Testimonial Tree, Inc.
24301 Walden Center Dr., Ste. 300
Bonita Springs, FL 34134
Mailing Address: P.O. Box 13, Estero, FL 33929
Phone: (239) 319-4047
Email: info@testimonialtree.com
By using Testimonial Tree's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.