Trusted Transcription LLC (“Trusted Transcription” or “We”) is an Internet enabled service dedicated to assisting you in your transcription needs. We offer this assistance at an affordable price. We provide a remote transcription service (the "Services"). The term ‘Remote’ is used to indicate anything that can be handled through the Internet. Trusted Transcription LLC provides this service to you, subject to the following Terms of Use Agreement ("TOU") that may be updated by us from time to time without notice to you. Please read this TOU carefully before you use the services provided on the site. In addition to this TOU, you shall be subject to the operating rules / policies applicable to the membership plans on Trusted Transcription.com which may be posted from time to time. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUES ACCEPTANCE OF ALL CHANGES.
This Agreement is a contract between you and Trusted Transcription and applies to your use of Trusted Transcription’ss Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES. In addition to reviewing this Agreement, please read our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. By agreeing to the terms of this Agreement, you are also agreeing to the terms of Trusted Transcription’ss Privacy Policy, the terms of which are incorporated herein by reference, and agree that the terms of such policy are reasonable. Please also note that if Trusted Transcription determines at any time that you have abused or violated any of these terms, conditions and guidelines, Trusted Transcription reserves the right to terminate your access to the Site and Services immediately without notice.
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with Trusted Transcription or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of eighteen (18). If you do not qualify, you may neither use the Services nor the Site. When signing up for our services, you authorize Trusted Transcription, directly or through third parties, to make any inquiries we consider necessary to validate your identity and age. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
Fees for services can be obtained by contacting Trusted Transcription. We reserve the right to change our fees at any time. Changes to our fee schedule are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Site or contacting you through the email or mailing address listed in your account. Changes in fees for current customers or clients become effective at the beginning of their next billing period. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
The services that Trusted Transcription provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement.
Prohibited Uses As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:
Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
Harass others by "mail-bombing" or "news-bombing";
Threaten, harass, defame, embarrass or distress any person or group;
Distribute computer viruses, worms, or any software/s intended to damage or alter a computer system without the owner's consent;
Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
Post or send any unlawful, harmful, defamatory, slanderous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
Post, send or relay any unsolicited advertising;
Post or send any chain letters or pyramid schemes;
Post or send any fraudulent or misleading offers of products, items, loans, or other services;
Post any misleading, inaccurate or fraudulent information;
Post any junk e-mails;
Post any duplicative or unsolicited messages;
Harvest or otherwise collect information about others, including e-mail addresses, without their specific consent;
Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.
Links to Third-Party Sites Some of the links on the Site may allow you to leave Trusted Transcription.com Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under Trusted Transcription’ss control. Trusted Transcription does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only. Trusted Transcription DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES.
User Name, Password and Security You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify Trusted Transcription of any unauthorized use of your user name and Password or any other breach of security related to the Site. Trusted Transcription WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD OR TO OTHERWISE COMPLY WITH THIS SECTION.
TRUSTED TRANSCRIPTION AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. TRUSTED TRANSCRIPTION AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TRUSTED TRANSCRIPTION WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER TRUSTED TRANSCRIPTION NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM TRUSTED TRANSCRIPTION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IF YOU MAINTAIN YOUR PERMANENT RESIDENCE, RESIDE IN, AND ARE LOCATED WITHIN SUCH A STATE AT THE TIME YOU ENTER INTO THIS CONTRACT, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Trusted Transcription, its partners, providers, affiliates, including their respective officers, directors, employees or representatives assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site, any loss attributed to our failure to provide timely reminders to our users. In no event shall Trusted Transcription its partners, providers, affiliates, including their respective officers, directors, employees or representatives be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any reliance, special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by Trusted Transcription or any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party, (iii) lost data, business interruption arising out of the use, inability to use, or the results of use of the site. THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND TRUSTED TRANSCRIPTION WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS.
If, notwithstanding the foregoing, Trusted Transcription or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Trusted Transcription and the third party providers shall in no event exceed, in the aggregate, the greater of (a) the monthly subscription fee and service charge for accessing this site, or (b) US $100.00.
You agree to indemnify, defend at your expense and hold harmless Trusted Transcription, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents (if any), from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, e-mail, transmit or relay either to Trusted Transcription or by use of the Services or the Site, (iii) your violation of the TOU, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.
If a dispute arises between you and Trusted Transcription, please contact us first. Our goal is to provide you with satisfactory services. If, for any reason, you feel unhappy or displeased with the services you have received, please inform Trusted Transcription of your dissatisfaction and we will address your concerns in a timely fashion. If we are unable to do so to your satisfaction, a neutral and cost effective means of resolving the dispute quickly and efficiently via binding arbitration is obligatory. Disputes between you and Trusted Transcription regarding our services may be reported to customer service online through Trusted Transcription’ss help center at any time, or by calling us at 888-400-5995-TASK(8275).
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the County of Los Angeles, California, United States of America, in all questions and controversies arising out of your use of this site and this Agreement, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must
If Trusted Transcription takes any action to enforce this Agreement and is successful in such action, on the merits or otherwise, Trusted Transcription will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Trusted Transcription may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Trusted Transcription, in its sole discretion, may terminate the Services and access to this Site at any time without prior notice to you upon determination that you have abused or violated any of these terms, conditions and guidelines. Such termination shall not effect any right to relief to which Trusted Transcription may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to Trusted Transcription as applicable. Users who violate this TOU may additionally incur criminal and/or civil liability. Trusted Transcription may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
Trusted Transcription may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
You may close your Account at any time by logging in to your Trusted Transcription account and selecting Cancel Membership from the options or by contacting a Trusted Transcription Representative. Your cancelation will be effective as of the beginning of the next monthly billing period. Your account will be billed for the remainder of the current billing period.
Software: You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or via email or telephone / fax access numbers that may be provided by Trusted Transcription for use in accessing the Service.
Trusted Transcription reserves its right to change, suspend or discontinue any aspect of the Services in part or in whole at any time, including the availability of any of the Site features, delivery services, databases or its Content thereof. Trusted Transcription may also impose limits on features or restrict access to all or certain parts of the Site.
If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Trusted Transcription’ss failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by Trusted Transcription.