Terms of Use

Terms of Use

Trustshield.com Terms and Conditions of Use

Shield Restraint Systems, Inc. and its family of companies (collectively, -SHIELD-) provides this web-site and any other SHIELD web-sites (collectively, the -Sites-) to you subject to these terms and conditions of use (these -Site Terms-). Please read these site terms carefully before using the Site. By accessing or using the Site, you explicitly agree to comply with and be bound by these Site Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Site Terms, do not use the Site.

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SHIELD or its affiliates for products, services or otherwise. SHIELD reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.

Privacy Policy

Please refer to SHIELD’s Privacy Policy for information on how SHIELD collects, uses and discloses personally identifiable information from its users.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the SHIELD logo and all designs, text, graphics, pictures, information, data, software, sound files, other files (collectively, -Content-) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of SHIELD or its licensors and are protected by U.S. and international copyright laws. The Site and all Site Content are © 2014 Shield Restraint Systems, Inc., All Rights Reserved.

Trademarks

SHIELD, the SHIELD logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of SHIELD and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SHIELD or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of SHIELD and may not be copied, imitated or used, in whole or in part, without the prior written permission of SHIELD. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SHIELD.

Submissions

You agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to SHIELD or portions to or on the Site, are non-confidential (other than disclosures of personally identifiable information provided on non-public areas of the Site, which are subject to the Privacy Policy) and you grant Shield a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgement to you in SHIELD’s sole discretion and without compensation to you. You agree that you will have no recourse against SHIELD for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of such materials to SHIELD, including the posting of materials to a forum or interactive area on the Site, irrevocably waives any and all -‘moral rights’ in such material, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to material that you post; that the material is accurate; that use of the matter you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify SHIELD for all claims resulting from material you supply.

Limited License

SHIELD grants you a limited, nonsublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “© 2014 Shield Restraint Systems Inc., All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of SHIELD is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify SHIELD against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

To request permission for uses of Site Content not included in the foregoing license, you may contact SHIELD as follows:

Shield Restraint Systems, Inc. 22937 Gallatin Way Elkhart, IN 46514 E-mail: [email protected]

Hyperlinks

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. In addition, Third-Party Sites may link to the Site. You use links to and from Third-Party Sites, and any Third-Party Content therein, at your own risk. SHIELD does not monitor or have any control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites. SHIELD provides or makes available these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply SHIELD’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. SHIELD accepts no responsibility for reviewing changes or updates to, or the quality of, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post Content or other items on the Site (“Interactive Areas”). If SHIELD provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgment of SHIELD, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose SHIELD or its affiliates or its users to any harm or liability of any type.

SHIELD takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SHIELD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, SHIELD is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although SHIELD has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, SHIELD reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect SHIELD’s systems and customers, or to ensure the integrity and operation of SHIELD’s business and systems, SHIELD may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. SHIELD’s right to disclose any such information shall govern over any terms of SHIELD’s Privacy Policy.

Copyright Complaints

If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Corporate Communications Manger

Full Address of Designated Agent to Whom Notification Should Be Sent:

Shield Restraint Systems, Inc. 22937 Gallatin Way Elkhart, IN 46514, USA Telephone Number: (574) 266-8330 Email Address of Designated Agent: [email protected]

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Registration Data; Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to SHIELD, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to SHIELD.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHIELD, THE SITE, THE MATERIALS CONTAINED HEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIELD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. SHIELD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

SHIELD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE SHIELD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, SHIELD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SHIELD, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT SHIELD HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER SHIELD NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM SHIELD OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHIELD’S RECORDS, PROGRAMS OR SERVICES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold SHIELD, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Site Terms.

Applicable Law and Venue

The Site (excluding Third-Party Sites) is controlled by SHIELD and operated by SHIELD, from its offices in and around Elkhart, Indiana. While SHIELD has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and SHIELD both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and SHIELD explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Indiana, without regard to its conflicts of law principles. You agree that all claims you may have against SHIELD arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Indiana. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Elkhart, Indiana, you will be responsible for compliance with all local laws of such other jurisdiction.

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Site Terms, SHIELD reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by emailing us at: [email protected]