Terms of Service
I. Acceptable Use of Our Services
You must use our Services according to our Terms and posted policies. If you violate our
Terms and policies, we may take action with respect to your account, including disabling or
suspending your account and, if we do, you agree not to create another account without our
permission. Disabling or suspending your account will be in accordance with the “Termination”
section below.
You must access and use our Services only for legal, authorized, and acceptable purposes.
You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate,
or infringe the rights of Trunk, our users, or others, including privacy, publicity, intellectual
property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating,
harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be
illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting
children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or
misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible
communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve
any non-personal use of our Services unless otherwise authorized by us.
II. Limitation of Liability
Trunk will not be liable to you for any lost profits or consequential, special, punitive,
indirect, or incidental damages relating to, arising out of, or in any way in connection with our
terms, us, or our services (however caused and on any theory of liability, including negligence),
even if Trunk has been advised of the possibility of such damages. Our aggregate liability relating
to, arising out of, or in any way in connection with our terms, us, or our services will not exceed
the greater of ten dollars ($10) or the amount you have paid us in the past twelve months. The
foregoing disclaimer of certain damages and limitation of liability will apply to the maximum
extent permitted by applicable law. The laws of some states or jurisdictions may not allow the
exclusions and limitation of certain damages, so some or all of the exclusions and limitations set
forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such
cases, the liability of Trunk will be limited to the fullest extent permitted by applicable law.
III. Indemnification
If anyone brings a claim ("Third-Party Claim") against us related to your actions,
information, or content on Trunk, or any other use of our Services by you, you will, to the
maximum extent permitted by applicable law, indemnify, and hold Trunk harmless from and
against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees
and costs) relating to, arising out of, or in any way in connection with any of the following: (a)
your access to or use of our Services, including information and content provided in connection
therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by
you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party
Claim. Your rights with respect to Trunk are not modified by the foregoing indemnification if the
laws of your country or territory of residence, applicable as a result of your use of our Services, do
not permit it.
IV. Disclaimers and Release
You use our services at your own risk and subject to the following disclaimers. We are
providing our services on an “as is” basis without any express or implied warranties, including,
but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-
infringement, and freedom from computer virus or other harmful code. We do not warrant that any
information provided by us is accurate, complete, or useful, that our services will be operational,
error free, secure, or safe, or that our services will function without disruptions, delays, or
imperfections.
We do not control, and are not responsible for, controlling how or when our users use our
services or the features, services, and interfaces our services provide. We are not responsible for
and are not obligated to control the actions or information (including content) of our users or other
third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers,
employees, partners, and agents (together, the “Trunk Parties”) from any claim, complaint, cause
of action, controversy, dispute, or damages (together, “Claim”), known and unknown, relating to,
arising out of, or in any way connected with any such claim you have against any third-parties.
Your rights with respect to the Trunk Parties are not modified by the foregoing disclaimer
if the laws of your country or territory of residence, applicable as a result of your use of our
services, do not permit it.
V. Dispute Resolution
Forum And Venue. You agree that any claim or cause of action you have against Trunk
relating to, arising out of, or in any way in connection with our Terms or Services or Privacy
Policy, and for any claim or cause of action that Trunk files against you, you and Trunk agree that
any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved
exclusively in the United States District Court for the District of New Jersey or in the Superior
Court of New Jersey sitting in any county in New Jersey, and you agree to submit to the personal
jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the
laws of the State of New Jersey will govern any such claim or cause of action without regard to
conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole
discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration
in any competent court in the country in which you reside that has jurisdiction over the Dispute.
Governing Law. The laws of the State of New Jersey govern our Terms of Service and
Privacy Policy, as well as any Disputes, whether in court or arbitration, which might arise between
Trunk and you, without regard to conflict of law provisions.
Time Limit to Bring a Claim or Dispute. We and you agree that for any Dispute we and
you must bring Claims (including commencing an arbitration proceeding) within six months after
the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or
you do not bring a Claim (including commencing an arbitration) within six months after the
Dispute first arose, then the Claim (including an arbitration proceeding) will be dismissed because
it was started too late.
VI. Privacy Policy and User Data
Trunk’s Privacy Policy describes our data practices, including the types of information we
receive and collect from you, how we use and share this information, and your rights in relation to
the processing of information about you.
VII. Acceptable Use of our Services
You must use our Services according to our Terms and posted policies. If you violate or
Terms or policies, we may take action with respect to your account, including disabling or
suspending your account and if we do, you agree not to create another account without our
permission. Disabling or suspending your account will be in accordance with the “Termination”
section below.
You must access and use our Services only for legal, authorized, and acceptable purposes.
You are responsible for keeping your device and your Trunk account safe and secure, and
you must notify us promptly of any unauthorized use or security breach of your account or our
Services.
VIII. Availability of our Services
We are always trying to improve our Services. That means we may expand, add, or remove
our Services, features, functionalities, and the support of certain devices and platforms. Our
Services may be interrupted, including for maintenance, repairs, upgrades, or network or
equipment failures. We may discontinue some or all of our Services, including certain features and
the support for certain devices and platforms, at any time. Events beyond our control may affect
our Services, such as events in nature and other force majeure events.
IX. Licenses
Trunk does not claim ownership of the information that you submit for your Trunk account
or through Trunk’s services. You must have the necessary rights to such information that you
submit for your Trunk account or through our Services and the right to grant the rights and licenses
in our Terms.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and
other intellectual property rights associated with our Services. You may not use our copyrights,
trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other
intellectual property rights unless you have our express permission.
In order to operate and provide our Services, you grant Trunk a worldwide, non-exclusive,
royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative
works of, display, and perform the information (including the content) that you upload, submit,
store, send, or receive on or through our Services. The rights you grant in this license are for the
limited purpose of operating and providing our Services (such as to allow us to display your profile
picture, transmit your messages, and store your undelivered messages on our servers for a period
of time determined by us).
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable
license to use our Services, subject to and in accordance with our Terms. This license is for the
sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses
or rights are granted to you by implication or otherwise, except for the licenses and rights expressly
granted to you.
X. Termination
You may terminate your relationship with Trunk at any time for any reason by deleting
your account. For instructions on how to delete your account, please contact us.
We may modify, suspend, or terminate your access to or use of our Services anytime for
any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible
legal exposure for us, our users, or others. We may also disable or delete your account if it does
not become active after account registration or if it remains inactive for an extended period of time.
The following provisions will survive any termination of your relationship with Trunk: “Licenses,”
“Disclaimers and Release,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,”
“Availability of our Services,” “Termination,” and “Other.”
XI. Other
Unless a mutually executed agreement between you and us states otherwise, our Terms
make up the entire agreement between you and us regarding Trunk and our Services, and supersede
any prior agreements.
We reserve the right to designate in the future that certain of our Services are governed by
separate terms (where, as applicable, you may separately consent).
Our Services are not intended for distribution to or use in any country or territory where
such distribution or use would violate local law or would subject us to any regulations in another
country or territory. We reserve the right to limit our Services in any country or territory.
You will comply with all applicable United States and non-United States export control
and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export,
provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country
prohibited by Export Laws; (b) to anyone on United States or non-United States government
restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear,
chemical, or biological weapons, or missile technology applications without the required
government authorizations. You will not use or download our Services if you are located in a
restricted country or territory, if you are currently listed on any United States or non-United States
restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your
location through IP proxying or other methods.
Our Terms are written in American English. Any translated version is provided solely for
your convenience. To the extent any translated version of our Terms conflicts with the American
English version, the American English version controls.
Any amendment to or waiver proposed by you of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of material amendments
to our Terms, as appropriate, and update the "Last modified" date at the top of our Terms. Your
continued use of our Services confirms your acceptance of our Terms, as amended. We hope you
will continue using our Services, but if you do not agree to our Terms, as amended, you must stop
using our Services by deleting your account.
All of our rights and obligations under our Terms are freely assignable by us to any of our
affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your information to any of our affiliates,
successor entities, or new owner. In the event of such an assignment, these Terms will continue to
govern your relationship with such third-party. We hope you will continue using our Services, but
if you do not agree to such an assignment, you must stop using our Services by deleting your
account after having been notified of the assignment.
You will not transfer any of your rights or obligations under our Terms to anyone else
without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed amended to the minimum extent necessary to
make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from
our Terms and shall not affect the validity and enforceability of the remaining provisions of our
Terms, and the remaining portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may
have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights
that may not be waived by contract.
We always appreciate your feedback or other suggestions about Trunk and our Services,
but you understand that you have no obligation to provide feedback or suggestions and that we
may use your feedback or suggestions without any restriction or obligation to compensate you for
them.