Note: Last Updated: September 30, 2020
1. Terms of Service
By purchasing or using a TreVita App Membership, you agree to the following terms and conditions, which supplement and form a part of the TreVita Terms of Service. Capitalized terms not defined here have the meaning given to them in the TreVita Terms of Service.
2. Definition of “Member”
A “Member” is any individual who has a TreVita account. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership. A “Membership” is a Digital Membership, as defined below.
3. Membership Coverage and Billing Cycles
- Membership Coverage: Purchasing a “Digital Membership” provides you with access to content and features on the TreVita Apps.
- Billing Cycles and Auto-Renewal: Any Membership recurs on a monthly basis until it is canceled in accordance with these Membership Terms. Billing occurs at the beginning of the Membership cycle and provides access for one month thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to the cancellation of your Membership by you or TreVita. To change or terminate your Membership, contact Member Support.
- Prepaid Periods: You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership.
- Other Offers: TreVita may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.
4. Account Registration
Account Registration: You can register by successfully completing an account on the TreVita Site or a TreVita App, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit, or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to TreVita by contacting Member Support at [email protected]. TreVita’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
5. Termination or Cancellation of Subscription
Cancellation of Membership: If you terminate your Membership, you may use your Membership until the end of the then-current period, and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents.
Suspension/Termination by TreVita: TreVita may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if:
Your payment is overdue (provided that TreVita will use reasonable efforts to notify you of the overdue payment before TreVita terminates or suspends);
You provide false or inaccurate information;
You violate these Membership Terms, the Terms of Service, or any other TreVita rules or agreements then in effect;
You engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
You engage in conduct that is threatening, abusive, or harassing to TreVita employees, agents, or other TreVita users, including, for example, making threats to physically harm or damage property.
If TreVita terminates or suspends your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, TreVita has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
6. Payment
Amount to be Charged: Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and TreVita will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that TreVita may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that TreVita is authorized to charge you for that Membership. TreVita may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization: You may be asked to provide a payment method (such as a credit, charge, or debit card number) that TreVita accepts in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TreVita, nor any TreVita agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors: You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. TreVita reserves the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Financed Purchases: If you finance the purchase of your Membership, you agree to abide by the terms of the financing agreement with TreVita’s financing partner governing your purchase, which will be provided to you separately. TreVita may treat your failure to abide by the terms of your financing agreement with TreVita’s financing partner as a breach of these Terms.
Bill Inquiries and Refunds: If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Member Support by emailing [email protected]. TreVita will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
7. Statutory Cancellation Rights (Certain Canadian Residents Only)
British Columbia
You may cancel your Membership within ten (10) days after you initially subscribe for any reason by sending TreVita a notice of cancellation to [email protected].
Ontario
Your Rights under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for canceling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties, and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Saskatchewan
Your Rights under The Consumer Protection and Business Practices Act
You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give TreVita a reason for canceling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties, and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of Saskatchewan.
To cancel this contract, you must give notice of cancellation to TreVita. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.
8. Geographic Restrictions
The Mobile Device Software and access to TreVita’s Hosted Software are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Hosted Software outside of the United States and that access may not be legal by certain persons or in certain countries. If you access the Hosted Software from outside the United States, you are responsible for compliance with local laws.
9. Updates
TreVita may, from time to time, in its sole discretion, develop and provide Mobile Device Software updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete certain features and functionality in their entirety. You agree that TreVita has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either:
- The Mobile Device Software will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates.
In order to fully utilize the Mobile Device Software, you must promptly download and install all Updates. You acknowledge that the Mobile Device Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Device Software and be subject to all terms and conditions of this Agreement.
10. Third Party Materials
The Mobile Device Software may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that TreVita is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TreVita does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
11. Term and Termination
(a) The term of this Agreement commences when you download/install the Mobile Device Software or acknowledge your acceptance and will continue in effect until terminated by you or TreVita as set forth herein.
(b) You may terminate this Agreement by deleting the Mobile Device Software and all copies thereof from your Mobile Device.
(c) TreVita may terminate this Agreement at any time without notice if it ceases to support the Mobile Device Software, which TreVita may do in its sole discretion. In addition, TreVita may immediately terminate this Agreement with or without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
- All rights granted to you under this Agreement will also terminate;
- You must cease all use of the Mobile Device Software and delete all copies of the Mobile Device Software from your Mobile Device; and
- Your access to TreVita’s Hosted Software, your account, and your End User Data will be terminated.
(e) Termination will not limit any of TreVita’s rights or remedies at law or in equity.
12. Disclaimer of Warranties
(a) THE APPLICATION IS PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TREVITA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TREVITA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER TREVITA NOR ANY TREVITA PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE TREVITA APPLICATION, OR THE INFORMATION, CONTENT, THE TREVITA SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE TREVITA APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE TREVITA APPLICATION; OR (IV) THAT THE TREVITA APPLICATION, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF TREVITA ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS, OR OTHER HARMFUL COMPONENTS.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(d) You agree that TREVITA assumes no responsibility for any content you submit, upload, create, or make available through the Mobile Device Software.
(e) TREVITA is not liable for the acts or omissions of its contractors, vendors, and service providers.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TREVITA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION AND (ii) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TREVITA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
TREVITA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE TREVITA APPLICATION, TREVITA SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE TREVITA APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF TREVITA.
UNDER NO CIRCUMSTANCES SHALL TREVITA BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TREVITA APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE TREVITA APPLICATION OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, 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 TREVITA RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED THROUGH THE MOBILE DEVICE SOFTWARE AND THE TREVITA SERVICES AVAILABLE THROUGH THE MOBILE DEVICE SOFTWARE.
14. Indemnification
You agree to indemnify, defend, and hold harmless TreVita and its officers, directors, employees, agents, affiliates, service providers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Mobile Device Software or your breach of this Agreement.
15. Governing Law
This Agreement, including all documents, exhibits, schedules, attachments, and appendices attached to this Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of laws provisions thereof.
16. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Dispute Resolution
(a) MANDATORY MEDIATION: In the event there is any dispute between the Parties to this Agreement relating in any way to or arising out of or related to this Agreement, the Parties must mediate such dispute before commencement of any legal action. No party to this Agreement can bring legal action against another party to this Agreement without first participating in mediation, unless one party refuses to submit to mediation and legal action is brought to specifically enforce this mandatory mediation provision of this Agreement.
(b) MANDATORY ARBITRATION: Any and all issues, questions, disputes, claims, or controversies arising out of or relating to this Agreement or any provision thereof, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration. All claims shall be heard by a single arbitrator and shall be governed by the expedited commercial arbitration rules of the American Arbitration Association (“AAA”), or an equivalent regime, in effect at the time the arbitration commences, as the same may be modified during the arbitration. Without a hearing and based only on the documentary evidence presented by the parties, the arbitrator shall determine all preliminary matters including whether a dispute is subject to arbitration and discovery issues. The arbitrator shall have the authority to award the same damages and other relief that a court could award including injunctions and computations of actual damages or offsets, if applicable; however, under no circumstances shall the arbitrator be empowered to award punitive or exemplary damages. The arbitrator shall issue a reasoned, written decision identifying the prevailing party and explaining the decision and any damages awarded. The arbitrator’s decision will be final and binding upon the parties. The fees charged by the arbitrator (and its parent organization) shall be borne by the parties as determined by the arbitrator, except for any initial registration fee, which the parties shall bear equally. The prevailing party in any arbitration, its execution, or its enforcement, shall recover its reasonable attorneys’ fees and costs, in addition to such other relief as may be awarded. Arbitration proceedings shall be maintained as strictly confidential.
(c) EFFECTS OF MANDATORY ARBITRATION: Each party specifically understands, acknowledges, and agrees that by agreeing to arbitrate in the manner required under this Section, such party is waiving any right it, he, or she may have to bring before a court (other than for enforcement of any award), any claim that such party may have arising out of, or for any violation of, any federal, state, local, or other law, regulation, or ordinance, or any other rights protected or arising under any law, rule, or regulation. Nevertheless, each party agrees to waive all such rights it, he, or she may have and agrees to submit all disputes to binding arbitration in accordance with the terms of this Section.
(d) Any arbitrations under this Agreement shall be conducted in English, in San Diego County, California, at such time and place selected by the arbitrator.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and TreVita with respect to the Mobile Device Software and the use of the Hosted Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
