We at TROVA Business Network ("TBN", "we" or "us") The Heart Alliance, The Heart Link Network®, TROVA Business Directory, and TROVA Women Business Directory welcome you to the TROVABusinessNetwork.com website ("Website(s)"). The Website(s) provide business-networking communities, information, advertising opportunities and other services specifically designed for entrepreneurial man and women. The Website also provides forums and other messaging, rating and communication programs (collectively referred to herein as "the Services"). In order to use the Services, you must agree to TBN's terms and conditions ("Agreement") before you may access and / or use the Website.
Please read the Agreement carefully. By accessing and using the Website, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to this Agreement and to abide by all of its terms and conditions.
Registration: Registration with TBN is required in order to use the Services. When you register, you agree to provide accurate, current and complete information about yourself ("Registration Information"). You also represent that we may rely on your Registration Information as being accurate, current and complete. TBN reserves the right to terminate your account for inaccurate, deceptive and / or incomplete Registration Information.
Username and Password: You will be asked during the registration process to choose a username and password. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempt to impersonate another individual or company; or usernames which violate trademark law, which may cause confusion or which violate any other proprietary rights of any company or individual.
You agree that you are solely responsible for any and all activities that are conducted using your account. Please keep your username and password confidential. You agree that you will not transfer, resell or allow any other third party to use your username and password to access the Website. If you have reason to believe that your username and / or password have become compromised, you agree to immediately notify TBN of such event by emailing TBN at email@example.com. For security reasons, TBN will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law or court order.
Limited, Non Exclusive License: You are granted a non-exclusive, non transferable, limited license to access and use the Services and Website in accordance with the Agreement ("License"). This License may be revoked at any time at the sole discretion of TBN. The License permits you to access and use the Services and Website for your own personal use. No part of the Website and / or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The License specifically prohibits you from copying, emulating, renting, leasing, decompiling, transferring, disassembling, cloning, attempting to discover the source code for or reverse engineering the Website, Services or any portion thereof.
In addition, your license specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Services. You may not engage in any action, which creates an unreasonably large load on TBN's infrastructure. Unauthorized access to the Website and / or Services breaches this Agreement and is a violation of applicable law.
Proprietary Rights: All of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, computer coding and other matters related to the Website and associated Services, are the sole property of TBN, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
Any content displayed on the Website is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or the distribution of the Website or the collective work and / or copying or in any way reproducing the Website or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of TBN. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose the Services or Website or any aspect or portion thereof.
We do not claim to own any of the content posted by users. Any copyright, trademark, and other intellectual property rights that may exist in those works are the sole and exclusive rights of the author/artist who created such work. However, by posting such material in any of the public areas of the Website, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, irrevocable license to copy, perform, display and distribute such content and to prepare derivative works of, or incorporate said content into, other works.
Online Content: Advice, articles, blog posts, opinions, statements, profiles, offers or other information or content made available through the Services on the Website are wholly the responsibility and work of their respective author/artist and not of TBN. Reliance on the statements therein is done at the user's own risk. Each respective author/artist is responsible for the content of his or her statements or other information posted on the Website. TBN does not guarantee the accuracy, completeness or usefulness of any information available on the Website and / or through the Services and neither adopts, endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Website. By using the Services and Website you affirm that you understand this and that you hold TBN harmless from any and all loss or damage resulting from anyone's reliance on information or other content posted on the Website.
In addition, you agree that you are solely responsible for any content that you post, email or otherwise make available through the Services on the Website and that you have the right to post such material.
Online Conduct: As a user of the Services on the Website, you agree that you are solely responsible for the content and / or information that you publish, transmit and / or post on the Website. You agree to use the Services and Website in a manner that conforms to any and all applicable laws and regulations.
You agree not to:
* Include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references or offensive language or any confidential information of any third person without that party's permission;
* Post, or attempt to post, any photographs or other images containing offensive and / or confidential information;
* Post, or attempt to post, any photographs or other images that may be deemed obscene in your community, as defined under applicable law;
* Post, or attempt to post, any content that is false, deceptive, misleading, deceitful, misinformative or constitutes "bait and switch";
* Post, or attempt to post, any content that constitutes or contains "affiliate marketing," "link referral codes," "junk mail," "spam," "chain letters," "pyramid schemes," or other commercial advertisement or marketing;
* Contact users outside of the TBN Website without that user's express consent to contact him or her;
* Impersonate any person or entity;
* "Stalk" or otherwise harass any person via the Website and / or Services;
* Transmit any chain letters, spam or junk e-mail to other users;
* Express or imply that any statements you make are endorsed by TBN, without our specific prior written consent from TBN to do so;
* Harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent;
* Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
* Post, distribute or reproduce in any way any copyrighted material (including blog posts, photographs or café discussions), trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
* Remove any copyright, trademark or other proprietary rights notices contained on the Website;
* Interfere with or disrupt the Services and / or Website, or the servers and / or networks connected to the Services and / or the Website;
* Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* Attempt to gain unauthorized access to TBN's computer systems or engage in any activity that disrupts, diminishes the quality of, or impairs the functionality of, the Services and / or Website.
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
* "Frame" or "mirror" any part of the Website, without TBN's prior written authorization;
* Use metatags or code or other devices containing any reference to TBN, the Services or the Website in order to direct any person to any other website for any purpose; and / or
* Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.
TBN has no obligation to review any of the postings on the Website. However, TBN reserves the right, but has no obligation, to reject any memberships, postings, photographs, videos, audio files and / or images that do not comply with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of TBN, pursuant to the terms of this Agreement. TBN reserves the right to pursue any and all legal remedies against users who engage in such prohibited conduct.
Dealing with Other Users: We do not control the information that is provided by users for our Services or on our Website. Please use common sense and caution and keep your safety in mind when dealing with other users on our Website.
TBN is under no obligation to do monitor any dispute between users. You are solely responsible for any interactions that you have with other users or third parties that you may encounter through our Services and / or Website. In the event that you have a dispute with any other user or third party found through the Services and / or Website, you agree to hold TBN, its officers, directors, agents, successors in rights, subsidiaries and employees harmless in any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes and release TBN, its officers, directors, agents, successors in rights, subsidiaries and employees from any liability connected with such disputes.
If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Premium Membership: TBN's Platinum Heart Membership Program ("Premium Membership," as explained on the Website at www.theheartlinknetwork.com/join, is a yearly membership that entitles you to benefits and opportunities above and beyond those available to regular users. The annual fee charged for Premium Membership is non-refundable.
Your membership will be automatically renewed for you each year unless you inform us that you would like to end your membership. If you choose not to renew and / or payment is not received or declined by your anniversary date, your membership status will transfer automatically on the anniversary date back to regular user status. If you would like to cancel your Premium Membership prior to your anniversary date please send an email to support@TrovaNow.com and let us know.
Events, Workshops and Teleseminars:
Any teleseminars, workshops and events ("Events") TBN provides for its users; payment for these events is non-refundable except at TBN's sole discretion.
Space at some of these Events is limited. The offer for these Events is available only until all available slots are filled and are available on a first come, first reserved basis.
Although there are some Events that are free for Premium Members, Premium Members must reserve their slot at the Event that they want to attend before all of the slots are taken. No additional slots will be created for Premium Members who did not reserve a slot before all of the available slots are filled. You may reserve a spot at any Event by contacting firstname.lastname@example.org.
No SPAM Policy: You acknowledge and agree that sending unsolicited email advertisements to our users, whether or not you are using TBN's computer system to send such email, are expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Services and / or Website may subject the sender to civil and criminal penalties.
If we are informed that you are sending such email advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Services.
Third-party Websites: The Website and / or Services may provide hyperlinks, banner advertisements, pop-ups and / or other online methods to redirect you to other third party Internet websites and / or resources. Because TBN has no control over such websites and / or resources, you hereby acknowledge and agree that TBN is not responsible for the availability of such third party websites and / or resources. Furthermore, TBN does not endorse, and is not responsible or liable for, any content, advertising, services, products and / or other materials at or available through such third party websites or resources, or for any damages and / or losses incurred through such websites or other resources.
Copyright/Trademark Claims: TBN respects the intellectual property rights of others, and we ask our users to do the same. TBN may, in appropriate circumstances and at its discretion, disable and / or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright/trademark infringement, or your intellectual property rights have been otherwise violated, please provide TBN's support team with the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works or of the trademark that is being allegedly infringed.
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TBN to locate the material.
* Information reasonably sufficient to permit TBN to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property's owner, its agent or under applicable laws.
* A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send info to: support@TrovaNow.com
Indemnification: You agree to indemnify, defend and hold TBN, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents ("Covered Parties"), harmless from any and all loss, liability, claims and / or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Services and / or arising from your breach of this Agreement.
WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS AND / OR USE OF THE WEBSITE AND / OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND / OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TBN AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND / OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TBN AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TBN AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBN THROUGH THE WEBSITE AND / OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
TBN IS NOT RESPONSIBLE TO YOU AND / OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND / OR MEMBER COMMUNICATIONS; 2) THE CONDUCT OF ANY USER AND / OR MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY TBN, USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES; 4) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE THAT TBN IS NOT THE PUBLISHER OF THE CONTENT FOUND ON THE WEBSITE AND SERVICES AND, AS SUCH, SHALL NOT BE LIABLE FOR DAMAGES ARISING THEREFROM INCLUDING, WITHOUT LIMITATION, ANY AND ALL CRIMINAL AND / OR CIVIL LIABILITY.
THE MAXIMUM LIABILITY OF TBN AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO TBN FOR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TBN SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND / OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND / OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND / OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES.
Dispute Resolution/Governing Law: This Agreement shall be treated as though it were executed and performed in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Austin, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. TBN's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Force Majeure: We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government
Legal Warning: Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Services, is a violation of criminal and civil law and TBN will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Modifications: This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Services.
Effective Date: February 21, 2011
TROVA Business Network (hereinafter referred to as "TBN") respects and values your privacy.
Collection of Information:
Non Personally Identifiable Information (Cookies):
Personally Identifiable Information:
When you sign up for an account, TBN requires that you provide certain personally identifiable information which may include:
- first and last name,
- phone number,
- zip code,
- date of birth,
- email address, and
- any other personally identifiable information that you submit in correspondence with TBN, in your TBN profile or on the Site.
TBN does not allow children under the age of 18 on the Site. If TBN is informed that a profile or user account is being made by a person under the age of 13, TBN will immediately remove the posting and any personally identifiable information that may have been inadvertently collected by TBN.
Use of Personally Identifiable Information:
TBN will use the personally identifiable information that it collects about you to contact you in response to consumer-initiated inquiries, to provide the services to you that you request, to alert you to changes in services or features, and to provide you with requested information regarding TBN or our services. We may, from time to time, contact you about offers that we, or third parties with which we may partner, have that we believe, in our sole discretion, may interest you.
TBN reserves the right to release current or past user information: (a) in the event that we believe that the Site is being or has been used in violation of TBN's Terms and Conditions or to commit unlawful acts; (b) upon receipt of a properly authorized and authenticated governmental request for information; (c) in response to a subpoena or a court order, (d) to comply with relevant laws; (e) in response to an investigation of fraud regarding a specific consumer; (f) in an effort to safeguard the person or property of a TBN employee or a third party; or (g) if TBN is sold or acquired.
Moreover, you hereby consent to disclosure of any record or communication to any third party when TBN, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
If you no longer wish to receive emails from us, which you have not specifically initiated, you may opt-out of receiving these communications by following the instructions contained in the applicable e-mail. TBN processes all unsubscribe requests in a prompt fashion.
TBN does not tolerate Unsolicited Commercial Emails (also known as "SPAM") or other unsolicited emails to our users. Your use of the services on the Site does not authorize you in any way to add other users of the Site to your physical or email mailing list without their express consent. If it is brought to our attention that you are sending unsolicited emails to our users, we will immediately terminate your account and will cooperate with all legal authorities to aid in your prosecution for violations of state and federal SPAM laws.
Third Party Sites:
Storage of Information:
All information submitted as part of your profile is stored until you request that your profile be removed. We keep all information, even after a removal request is received, on our server for a minimum of ninety (90) days. After that time, information may be purged from TBN's servers periodically. However, just because TBN has purged the information from its servers does not mean that your information will not be archived by third party sources not affiliated with TBN including, but not limited to, archive.org, google.com, and groups.yahoo.com.
Personally Identifiable Information:
Although TBN does not release your personally identifiable information to the public and TBN makes a reasonable good faith effort to store your personally identifiable information in a secure operating environment, we cannot guarantee 100% security of such information due to factors beyond our control.
Access or Questions:
TROVA Business Network
3433 East Kenwood
Mesa, AZ 85213
TBN may take reasonable steps to confirm your identity prior to supplying any personally identifiable information to you in order to prevent identity theft.