Terms and Conditions
1. These terms and conditions (“Terms”) constitute a legal agreement between you and Entrusters Group LLC, a limited liability corporation organized and existing under the laws of Delaware (“Entrusters”). Any person who uses Entrusters.com (the “Site”) or any associated mobile applications (the "Apps") is a “User” and agrees to these Terms governing his or her use of the services offered via the Site (the “Services”).
2. Definitions. Definitions for capitalized terms not otherwise defined below are set forth in section fourteen (14) of these Terms.
3. Description of the Services. Entrusters is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Entrusters.com is an online platform that facilitates communication between Users and/or Members (as defined below) regarding merchandise, goods or products (a “Product”) desired by a Member in a given location (a “Destination”) and the transportation of a Product(s) to that Destination. A Member desiring a Product at a Destination (a “Receiving Member”) may post a message (a “Request”) on the Site describing the Product and the price he or she is willing to pay upon its delivery at the Destination. A Member traveling to the Receiving Member’s Destination (a “Traveling Member”) can agree to fulfill a Request by indicating that he or she unconditionally accepts the Request’s terms. Upon the Traveling Member’s acceptance of the Request, the Traveling Member and the Receiving Member enter into a binding agreement regarding delivery of the Product for the price stipulated in the Request (a “Transaction”). A Traveling Member may post a message on the Site or the Apps regarding his or her travel plans (a “Listing”) in solicitation of Requests. Entrusters is not responsible for and cannot control or police Content found in Listings and Requests; however, Entrusters may decline to post any Listing or Request at its sole discretion. Entrusters also provides an escrow service to facilitate Transactions. Enrusters is not responsible for anything that may occur on or off the Site or the Apps before, during or after a Transaction takes place. Entrusters is not a party to any Transaction and does not sell, take possession of, or deliver Products. Each Member bears sole responsibility for fulfilling his or her obligations in any Transaction. You agree that the provisions of Sections two (2) through five (5) of these Terms apply to all Transactions agreed to on the Site and Apps and supplement whatever local or international law may govern your Transaction. Entrusters will not intervene in any legal dispute between Members. ENTRUSTERS IS NOT LICENSED BY ANY RELEVANT AUTHORITY OF ANY STATE OF THE UNITED STATES. AS A RESULT, THE SERVICES ARE NOT AVAILABLE TO CONSUMERS WHO ARE RESIDENTS OF ANY JURISDICTION THAT REQUIRES A LICENSE TO OFFER INTERNET ESCROW SERVICES TO CONSUMERS RESIDING IN THAT JURISDICTION.
4. Delivery and Import. The Traveling Member and the Receiving Member shall (a) bear all legal responsibility for assuring the product can be lawfully transported and imported to the Destination and (b) hold harmless Entrusters for any loss or liability they incur with the violation of any import, customs or tax law. All Members acknowledge that Entrusters has no duty to ensure a Transaction complies with all applicable law. Products sent from any country (a “Point of Origin”) to a foreign Destination may be subject to import taxes, customs duties, and fees levied by governmental authorities upon arrival at the Destination. The Traveling Member is the importer of record and is responsible for compliance with all laws and regulations of the Destination country. Entrusters has no control over and cannot estimate or calculate these charges in advance of or during delivery. Customs policies can vary widely from country to country and the Traveling Member should contact the relevant customs authority for more information. A product imported unlawfully to the Destination country may be subject to confiscation and forfeiture. Customs clearance procedures may be required at the Destination depending on the type of Product and the law of the Destination country. Clearance procedures and delays are beyond Entrusters’s control and can delay delivery. A Product remains the property of the Traveling Member until the Receiving Member accepts delivery and takes possession at the Destination. All risk of loss or damage to the Product is borne by the Traveling Member until delivery is accepted. All prices submitted by Traveling Members in response to Requests are final and inclusive of any and all customs duties and/or taxes due on sale.
5. Payment and Escrow. Payment is due once the Receiving Member accepts an offer of delivery from a Traveling Member. The Receiving Member shall escrow its payment to the Traveling Member via the Site or Apps upon acceptance of the offer. Upon the Receiving Member’s acceptance of the Product(s), the Receiving Member shall immediately instruct Entrusters to release escrowed payment to the Traveling Member. If a Receiving Member rejects delivery by refusing to release an escrowed payment, Entrusters will not refund the escrow fee unless Entrusters determines at its sole discretion that the Receiving Member cancelled the Transaction for a Valid Reason. “Valid Reasons” for canceling the Transaction are: (i) the Product delivered did not conform to the Request or (ii) delivery of the Product is or will be delayed by more than ten (10) days. Further, Entrusters.com will not refund the Escrow Fee unless the Receiving Member notifies Entrusters of the delivery delay or the non-conformity of the Product within 24 hours of the scheduled or actual delivery and, in the case of a non-conforming Product, unless the Receiving Member provides Entrusters with evidence of the Product’s non-conformity with the Request.
6. Account Registration. You may browse the Site and Apps and view Content without registering to become a Member. However, as a condition to access certain features of the Service and to post or respond to Content, Listings or Requests, you will be required to create an account for use of the Site (an “Entrusters Account”). Following your selection of a password and screen name (“User ID”) we will open your Entrusters Account. By obtaining a User ID you become an Entrusters member (a “Member”). You must be at least 18 years old to become a Member and engage in a Transaction. You shall provide Entrusters with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and may result in immediate termination of your Entrusters.com account. You shall not select or use as a User ID (i) the name of another person with the intent to impersonate that person; (ii) a name subject to another person’s property rights without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene. Entrusters reserves the right to refuse registration of, or cancel, a User ID at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Entrusters.com password. Upon becoming aware of any unauthorized use of your account or of any other account-related security breach, you shall immediately notify Entrusters in writing. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Entrusters reserves the right to suspend or terminate your Entrusters Account and your access to the Site, Application and Services if you create more than one Entrusters Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any and all activities or actions under your Entrusters.com Account, whether or not you have authorized such activities or actions. You will immediately notify Entrusters of any unauthorized use of your Entrusters.com Account. You may link your Entrusters Account with your accounts with certain third party social networking sites (each such site an “SNS” and each such account a “Third Party Account”) and/or create an Entrusters Account by logging onto your Third Party Account through the Site, at which point we will create a User ID and an Entrusters Account for you using certain information from your Third Party Account as described below. The terms and conditions specific to your use of the Site via a Third Party Account are contained in paragraph 12 below. You may not have more than one active Entrusters.com Account.
7. Termination. We reserve the right to deny Service to Users who violate these Terms and to suspend or cancel their User IDs without notice.
8. User Conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services, Application and Content. You agree to take reasonable precautions in all communications and interactions with other Users and Members of the Site, Application or Services and with other Persons with whom you have communicated or interacted as a result of your use of the Site, Application or Services, including but not limited to all Users of Entrusters.com, particularly if you decide to meet offline or in person, regardless of whether such meetings are organized through Entrusters.com or the Apps. You agree, in connection with your use of the Site, Apps and Services, that you will not:
(a) violate any local, state, provincial, national, or other law or regulation, including without limitation any laws prohibiting the transport of a Controlled Substance (the definition of which may vary by country), or any order of a court, including, without limitation, import and tax regulations;
(b) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Site or Content;
(c) use the Site, Apps or Services for any commercial or other purposes not expressly permitted by these Terms;
(d) copy, store or otherwise access any information or Content contained on the Site or Apps for purposes not expressly permitted by these Terms;;
(e) use our Site, Apps or any Content to infringe the rights of any person or entity including without limitation their intellectual property, privacy, publicity or contractual rights;
(f) interfere with or damage our Site, Apps or Services, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use our Site, Apps or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) use our Site or Apps in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to our Services;
(i) “stalk” harass any other user of our Site, Apps or Services or collect or store any personally identifiable information about another User for any purpose other than engaging the User in an Entrusters.com Transaction;
(j) register for more than one Entrusters.com Account or register for an Entrusters.com Account on behalf of an individual other than you;
(k) contact a User for any purpose unrelated to a Transaction or the User’s use of the Site, Apps and Services;
(l) when acting as a User or otherwise, recruit or otherwise solicit any User to join third party services or websites that are competitive to Entrusters.com without Entrusters’s prior written approval;
(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) use automated scripts to collect information or otherwise interact with the Site, Apps or Services;
(o) circumvent the obligation to pay any Fees related to Entrusters’s provision of the Services by using the Site, Application or Services to communicate with a Member or User and negotiate or attempt to negotiate the sale or purchase of a Product by any means other than through the Site, Application or Services;
(p) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(q) systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(r) use, display, mirror or frame the Services, Apps, Site or any individual element within the Site including Entrusters’s name, any Entrusters’ trademarks, logos or other proprietary information, or the layout and design of any page or form contained on the Site without Entrusters’ express written consent;
(s) access, tamper with or use non-public areas of the Site, Apps, Entrusters’ computer systems or the technical delivery systems of Entrusters’ providers;
(t) attempt to probe, scan or test the vulnerability of any Entrusters system or network or breach any security or authentication measures;
(u) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Entrusters or any of Entrusters’ providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(v) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(w) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Apps or Collective Content; or
(x) advocate, encourage or assist any third party in doing any of the foregoing.
9. GENERAL DISCLAIMERS & DISCLAIMERS OF WARRANTY. If you choose to use the Site, Apps and Services, you do so at your sole risk. You acknowledge and agree that Entrusters does not have an obligation to conduct background checks on any user though you expressly authorize it do so at its sole discretion. No advice or information, whether oral or written, obtained from Entrusters, displayed on or communicated through the Site, Apps or Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with any and all persons performed through the Site, Apps and Services. You understand that Entrusters does not make any attempt to verify the User’s statements or other Content posted on the Site. Entrusters makes no representation or warranties regarding the compatibility of the User’s intended use of the Site or Services with the actual use given to the Site by other Users.
(a) Lost, Damaged or Stolen Property. To the maximum extent permitted by law, the parties to a Transaction exonerate, and shall hold harmless, Entrusters from any and all liability for lost, stolen or damaged property that may result from complications or problems in delivery of the Product, from the misconduct of a User or Member, or from any other cause of harm, connected in any way with the Services, except for willful misconduct by an authorized representative of Entrusters.
(b) Taxes, Import and Export Duties. The parties to a Transaction shall hold harmless Entrusters from any and all liabilities and charges they may incur for noncompliance with export or import laws and any and all liabilities and government levies including customs duties, VAT and customs fines or penalties, etc., in connection with delivery of any Product.
(c) NO WARRANTIES. Entrusters is not a party to any Transaction and makes no warranty that the Site, the Apps, Content or the Services will be suitable for your particular use or requirements or be available on an uninterrupted, secure, or error-free basis. Further, Entrusters does not guarantee any Product or make any implied or express warranty of any Product. Entrusters hereby disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Moreover, Entrusters.com makes no warranty regarding the quality, timeliness, truthfulness, completeness, reliability or veracity of any Request, Listing or other Content displayed on or obtained through the Site or Services.
10. Limitation of Liability. To the maximum extent permitted by law, you accept all risk related to your use of the Site, Application and Services. Neither Entrusters nor any party involved in creating, producing or delivering the Site, Application or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the Site, Application or services or in any way in connection with these Terms, damages for your inability to communicate or interact with Users or Members with whom you interact through the Site, or for any damages for which you are held liable in connection with a Transaction or other use of the Site, Apps or Services (including any Listing, Request or delivery of any Product via the Site, Application or Services whether based on warranty, contract, tort (including gross negligence), bailment, product liability or any other legal theory irrespective of whether Entrusters had been informed of the possibility of the damages), even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against Entrusters under these Terms and for any damage in any way connected to a Transaction or to your Use of the Site or Services is to discontinue your use of the Site. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have in connection with any damage related to these Terms, the Site, the Application or the Services. All limitations on liability in these Terms and the Exclusive Remedies are fundamental bases of the bargain between you and Entrusters.
11. Release. If you have a dispute whether related to a Transaction or not with one or more users, you release us, our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents, from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In releasing us you are expressly waiving any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. General Terms.
(a) Indemnification. You agree to release, indemnify, and hold harmless Entrusters and its parents, subsidiaries and affiliates, and their officers, directors, employees and agents, from and against any claims, liabilities – even for Entrusters’ own negligence -, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Content or Services or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) purchase of any Products, or (iii) creation of a Listing or Request.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and Entrusters regarding the Site, Application Content and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Entrusters regarding the Site, Application, Content and Services and any Transactions.
(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Entrusters’ prior written consent. Any attempt to assign or transfer these Terms without Entrusters’ consent shall be null and of no effect. Entrusters may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(d) Notices. Any notice or other communication permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and given by Entrusters (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.
(e) No Waiver. The failure of Entrusters to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 Entrusters. Except as expressly set forth herein, 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
(f) Controlling Law, Jurisdiction, Dispute Resolution & Arbitration. These Terms will be interpreted in accordance with the laws of Panama, without regard to its conflict-of-law provisions. You and Entrusters agree that any and all disputes arising out of or related to your use of the Site, Content, Services, or Application or any policies or practices of Entrusters.com shall be subject to final and binding arbitration in Panama City, Panama in accordance with Panama law and the rules of the Centro de Conciliación y Arbitraje de Panamá.
13. Third Party Accounts. As part of the functionality of the Site, Apps and Services, you may link your Entrusters.com Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Entrusters through the Site, Services or Application; or (ii) allowing Entrusters to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Entrusters and/or grant Entrusters access to your Third Party Account (including, but not limited to, for use of the Site, Services and Application), and that doing so does not constitute a breach of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Entrusters to pay any fees or making Entrusters.com subject to any usage limitations imposed by such third party service providers. By granting Entrusters access to any Third Party Accounts, you understand that Entrusters will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Apps and Services via your Entrusters.com Account and Entrusters.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings configured for your Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Entrusters.com Account on the Site, Apps and Services. Please note that if a Third Party Account or associated service becomes unavailable or Entrusters’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Entrusters.com Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR USE OF THIRD PARTY SERVICE ACCOUNTS AND YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE RELEVANT PROVIDER. Entrusters makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Entrusters is not responsible for any SNS Content. We will create your Entrusters.com Account and your Entrusters.com Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.
(b) Information Collection and Use. Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site and any future or related Application (together, the “Service”) and to enable users to enjoy and easily navigate the Site.
(c) Personally Identifiable Information. When you register with us through the Site and become a Member, when respond to or post a Listing or Request through the Site, or when you wish to contact another Member, we will ask you for personally identifiable information and/or obtain this information through your Third Party Account. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information. In order to process some of your Transactions through the Site and Application, we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries. We collect Personal Information in connection with your registration for an Entrusters Account.
If you decide to register by logging into a Third Party Account via our Site, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Entrusters to access by authorizing the SNS to provide such information) from your Third Party Accounts. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Entrusters.com Account on the Site and Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your Entrusters Account profile (e.g., without limitation, your zip code (independently of Personal Information) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, help you complete your Transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Entrusters.com Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to inform you of a product based on your preferences or restrictions.
We also use your Personal Information to contact you with Entrusters newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
(d) Log Data. When you visit the Site and Application, whether as a Member or a non-registered User just browsing (any of these, an “Entrusters.com User”), our servers automatically record information that your browser sends whenever you visit a Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor our Site to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
(f) Web Beacons. Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
(g) Emailing Via an Entrusters.com Account. As part of the Service, Entrusters.com Users may communicate with Entrusters Members through use of the “Contact an Entruster” feature on the Site. Where Entrusters.com Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Entrusters.com to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the “Contact an Entruster” feature of the Site and Application, a Member can speak with other Entrusters Members over the phone. In these instances, Entrusters will not share your phone number with the other Member, but will use your phone number to contact you over the phone and connect you with the other Member.
(h) Phishing. Identity theft and the practice currently known as “phishing” are of great concern to Entrusters. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Entrusters.com Account User ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s Site at http://www.ftc.gov.
(i) Information Sharing and Disclosure – Overview. The Site, Application and Service can be used to facilitate the posting and execution of Listings and Requests that are made available via the Site, Application and Services by Members. Listings and Requests posted by Members and Member ratings and reviews and their Profile Information (as defined below) are visible to any Entrusters.com User.
(j). Entrusters.com Members and User Profiles. When you create an Entrusters.com Account, we will set up an Entrusters.com Account profile page for you. Your Entrusters.com Account profile page will include your first name and last initial. You can select other items of Personal Information that you wish to be included in your Entrusters.com Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Entrusters Members, connections you have established between your Entrusters.com Account and any SNSs, and a biography and links to your Listings and/or Requests, if applicable (together, your “Profile Information”). We will display your Profile Information in your Entrusters.com Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Entrusters.com Users and consequently should reflect how much you want other Entrusters.com Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
(k) Listings and Requests. If you post a Listing or Request, we may publish that Listing or Request publicly via the Site and Application and may enable third parties to publish your Listing or Request on their websites through the use of an HTML “widget”. We may also display the geographical location of the Point of Origin and Destination of your Listing or Request in the form of a map so that potential Users can see the general areas applicable to your Listing or Request. If you contact another Member in connection with a proposed Transaction via the Site and Services, Entrusters will share the following information about you with the Member: (i) your first and last name, (ii) a link to your Entrusters.com Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with you on such SNS, and (iv) an indication that the name that you provided to Entrusters when you became a Member matches the name that you provided to the SNSs to which you have linked your Entrusters.com Account.
(l) Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
(n) Compliance with Laws and Law Enforcement; Guarantee Program. Entrusters cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Entrusters or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Entrusters or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
(o) Business Transfers. Entrusters may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
(q) Security. Entrusters is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable law on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(s) Testimonials. With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.
(t) Our Policy toward Children. The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
15. Definitions. The below words and phrases shall have the following meanings for purposes of these Terms:
“Application” means any mobile internet application that Entrusters makes available for interacting with the Site.
“Collective Content” means Member Content and Entrutsers.com Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Entrusters Content” means all Content that Entrusters makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person who obtains a User ID and completes Entrusters.com’s account registration process.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.