Terms of Use

Last updated at January 6, 2019.

1. Acceptance of the Terms and Service

These Terms of Use and Service, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Très Tôt (“Très Tôt”). The Terms govern all User access to and use of https://trestot.com/, and any other Très Tôt’s website or client portal (collectively, the “Websites”), any Très Tôt mobile or desktop apps (the “Apps”), and any content, functionality, technology solutions and services offered on or through the Websites or Apps, including the free and paid subscription services (collectively, the “Services”), and the purchase of products or goods (the “Goods”) available through the Websites or Apps. The Websites, Apps and Services are collectively referred to as the “Très Tôt Platform”.

Please read the Terms carefully before you start to use the Très Tôt Platform. By using the Très Tôt Platform in any way (including by viewing or browsing the Website, using the Apps, subscribing to Services, or viewing any Service’s communications (including emails from Très Tôt), or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the Très Tôt Privacy Policy, found at https://trestot.com/privacy/ and incorporated herein by reference.

This Très Tôt Platform is offered and available to users who are 18 years of age or older. By using the Très Tôt Platform, you represent and warrant that you are of legal age to form a binding contract with Très Tôt and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Très Tôt Platform.

2. Changes to the Terms

Très Tôt may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Très Tôt posts them and apply to all access to and use of the Très Tôt Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Très Tôt Platform.

Your continued use of the Très Tôt Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the Très Tôt Platform and Account Security

Très Tôt reserves the right to withdraw or amend the Très Tôt Platform, and any service or material provided on the Très Tôt Platform, in Très Tôt’s sole discretion without notice. Très Tôt will not be liable if for any reason all or any part of the Très Tôt Platform is unavailable at any time or for any period. From time to time, Très Tôt may restrict access to some parts of the Très Tôt Platform, or the entire Très Tôt Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Très Tôt Platform.
Ensuring that all persons who access the Très Tôt Platform through your internet connection are aware of these Terms and comply with them.

To access the Très Tôt Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Très Tôt Platform that all the information you provide on the Très Tôt Platform is correct, current and complete. You agree that all information you provide to register with the Très Tôt Platform, post on the Très Tôt Platform, or otherwise, including but not limited to through the use of any interactive features on the Très Tôt Platform, is governed by the Très Tôt Privacy Policy, and you consent to all actions Très Tôt takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Très Tôt security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Très Tôt Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Très Tôt immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name (including an email address used as a user name) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Très Tôt in its sole discretion deems offensive.

Très Tôt has the right to disable any user name, password or other identifier, whether chosen by you or provided by Très Tôt, at any time in its sole discretion for any or no reason, including if, in Très Tôt’ opinion, you have violated any provision of these Terms.

4. Intellectual Property Rights

The Très Tôt Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Très Tôt, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Très Tôt Platform, including all Services, solely for your personal, non-commercial use only. If you wish to make commercial use of any of the materials accessed through the Très Tôt Platform, or wish to make materials public in any way, you must obtain prior express written consent from Très Tôt. Without limiting the generality of the foregoing, the following are types of uses that Très Tôt expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Très Tôt Platform, including the Services and any communications received via the Services; (2) any derivative works based at least in part on the Très Tôt Platform and Services; and (3) any collective work that includes any part of the Très Tôt Platform, including the Services and any communications received via the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Très Tôt Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.

If Très Tôt provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Très Tôt’ end user license agreement for such applications.

You must not:

Modify copies of any materials from the Très Tôt Platform, including the Services.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Très Tôt Platform.
Except as otherwise agreed to between you and Très Tôt, you must not access or use for any commercial purposes any part of the Très Tôt Platform including any Services or materials available through the Très Tôt Platform.

If you wish to make any use of material on the Très Tôt Platform other than that set out in this section, please address your request to: guy@trestot.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Très Tôt Platform in breach of the Terms, your right to use the Très Tôt Platform will cease immediately and you must, at Très Tôt’ option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Très Tôt Platform or any content on the Très Tôt Platform or provided by the Services is transferred to you, and all rights not expressly granted are reserved by Très Tôt. Any use of the Très Tôt Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

5. Trademarks

The Très Tôt name, Très Tôt logos, and all related names, logos, product and service names, designs and slogans are trademarks of Très Tôt or its affiliates or licensors. You must not use such marks without the prior written permission of Très Tôt. All other names, logos, product and service names, designs and slogans on the Très Tôt Platform are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Très Tôt Platform, including the Services, only for lawful purposes and in accordance with these Terms. You agree not to use the Très Tôt Platform:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Très Tôt, a Très Tôt employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Très Tôt Platform, or which, as determined by Très Tôt, may harm Très Tôt or users of the Très Tôt Platform or expose them to liability.

Additionally, you agree not to:

Use the Très Tôt Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Très Tôt Platform, including their ability to engage in real time activities through the Très Tôt Platform.
Use any robot, spider or other automatic device, process or means to access the Très Tôt Platform for any purpose, including monitoring or copying any of the material on the Très Tôt Platform.
Use any manual process to monitor or copy any of the material on the Très Tôt Platform or for any other unauthorized purpose without Très Tôt’ prior written consent.
Use any device, software or routine that interferes with the proper working of the Très Tôt Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Très Tôt Platform, the server on which the Très Tôt Platform is stored, or any server, computer or database connected to the Très Tôt Platform.
Attack the Très Tôt Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Très Tôt Platform.

7. User Contributions

The Très Tôt Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Très Tôt Platform.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Très Tôt Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Très Tôt Platform, you grant Très Tôt and its affiliates and service providers, and each of their and Très Tôt’ respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Très Tôt and Très Tôt’ affiliates and service providers, and each of their and Très Tôt’ respective licensees, successors and assigns.
All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Très Tôt, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Très Tôt is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Très Tôt Platform.

8. Monitoring and Enforcement; Termination

Très Tôt has the right to:

Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Très Tôt may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
Take any action with respect to any User Contribution that Très Tôt deems necessary or appropriate in Très Tôt’ sole discretion, including if Très Tôt believes that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Très Tôt Platform or the public or could create liability for Très Tôt.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Très Tôt Platform.
Terminate or suspend your access to all or part of the Très Tôt Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, Très Tôt has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Très Tôt to disclose the identity or other information of anyone posting any materials on or through the Très Tôt Platform. YOU WAIVE AND HOLD HARMLESS TRèS TôT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Très Tôt cannot and does not undertake to review all material before it is posted on the Très Tôt Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Très Tôt assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Très Tôt has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Très Tôt’ Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Très Tôt or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Très Tôt’s Copyright Policy set forth below for instructions on sending Très Tôt a notice of copyright infringement. It is the policy of Très Tôt to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the Très Tôt Platform is made available solely for general information purposes. Très Tôt does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Très Tôt disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Très Tôt Platform, or by anyone who may be informed of any of its contents.

The Très Tôt Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Très Tôt, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Très Tôt. Très Tôt is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Très Tôt Platform

Très Tôt may update the content on the Très Tôt Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Très Tôt Platform may be out of date at any given time, and Très Tôt is under no obligation to update such material.

13. Paid and Premium Services, Free Trials and Cancellation Policy

If you purchase any Services from Très Tôt (the “Premium Services”), you agree to pay the applicable fees and taxes. Failure to pay these fees may result in the termination of the Premium Services. From time to time, Très Tôt may offer a free trial of Premium Services (a “Free Trial”). After the duration of the Free Trial (the “Free Trial Term”), the Free Trial will automatically become a regular paid subscription to the Premium Services, and Très Tôt will bill for the first segment of the Premium Services that you have signed up for (i.e. annually) on the 1st day after your Free Trial Term ends unless you cancel during the Free Trial Term.

If you did not sign up using a Free Trial, you may, during the first 30 days of a paid subscription through the Premium Services, seek a refund of your payment (the “30-Day Refund”). You may request a 30-Day Refund by sending your request via email to guy@trestot.com. If a refund is issued, your access to Premium Services will be discontinued. Each User may redeem only one Free Trial or one 30-Day Refund. Très Tôt reserves the right to terminate the account of any User that attempts to use more than one Free Trial or 30-Day Refund without authorization. If you believe you should be entitled to a refund after the first 30 days of your Premium Services, Très Tôt will issue refunds in its sole discretion. Très Tôt is under no obligation to issue a refund at any time, but please contact us if you want to discuss your issue.

Très Tôt has no obligation to notify you when (1) your Free Trial ends or is scheduled to end, (2) your 30-Day Refund period ends or is scheduled to end, or (3) when your account is charged or is scheduled to be charged. To cancel your Free Trial, you may cancel your subscription directly in your account by logging into your account here: https://app.trestot.com/login. If you do not cancel your Free Trial during the Free Trial Term, you will be billed for the first annual period of Premium Services on the 1st day after the Free Trial Term ends. Our subscription charges are billed according to the schedule you signed up for (i.e. monthly, quarterly, semi-annually, or annually) and are not refundable once they have been charged. We do not issue pro-rated refunds on any unused portion of your subscription.

If you do not cancel any Premium Services prior to the end of the Premium Services term, the Premium Services will automatically renew at the current Très Tôt rate, and automatically billed and charged to you using the payment method originally used to purchase the Premium Services.

You agree to contact us if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate.

14. Purchase of Goods.

All sales of physical goods (“Goods”) purchased via the https://shop.trestot.com Website or any other Websites are final. Très Tôt does not offer any returns, exchanges, or refunds.

15. Information About You and Your Visits to and Use of the Très Tôt Platform

All information Très Tôt collects via the Très Tôt Platform, including the Services, is subject to Très Tôt’ Privacy Policy. By using the Très Tôt Platform, you consent to all actions taken by Très Tôt with respect to your information in compliance with the Privacy Policy.

16. Linking to the Très Tôt Platform and Social Media Features

You may link to Très Tôt’s homepage at https://trestot.com/, provided you do so in a way that is fair and legal and does not damage Très Tôt’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Très Tôt’s part without Très Tôt’s express written consent.

The Très Tôt Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Très Tôt Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Très Tôt Platform.
Cause limited portions of content on the Très Tôt Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Très Tôt, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Très Tôt provides with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Très Tôt Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials on the Très Tôt Platform that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with Très Tôt in causing any unauthorized framing or linking immediately to cease. Très Tôt reserves the right to withdraw linking permission without notice.

Très Tôt may disable all or any social media features and any links at any time without notice in Très Tôt’s discretion.

17. Links from the Très Tôt Platform

If the Très Tôt Platform, including the Services, contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Très Tôt has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Très Tôt Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Geographic Restrictions

The owner of the Très Tôt Platform is based in the state of California in the United States. Très Tôt makes no claims that the Très Tôt Platform or any of its content is accessible or appropriate outside of the United States. Access to the Très Tôt Platform may not be legal by certain persons or in certain countries. If you access the Très Tôt Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the Très Tôt Platform or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the Très Tôt Platform, using the Services, and/or communicating electronically with Très Tôt, you consent to such transfers. If you access the Très Tôt Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT TRèS TôT AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE TRèS TôT PLATFORM, INCLUDING THE SERVICES, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO TRèS TôT PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. TRèS TôT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE TRèS TôT PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE TRèS TôT PLATFORM, ITS CONTENT AND ANY SERVICES OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM, IS AT YOUR OWN RISK. THE TRèS TôT PLATFORM, ITS CONTENT AND ANY SERVICES, GOODS OR ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Très Tôt NOR ANY PERSON ASSOCIATED WITH TRèS TôT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE TRèS TôT PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER TRèS TôT NOR ANYONE ASSOCIATED WITH TRèS TôT REPRESENTS OR WARRANTS THAT THE TRèS TôT PLATFORM, ITS CONTENT OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT TRèS TôT’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Très Tôt PLATFORM OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TRèS TôT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL TRèS TôT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TRèS TôT PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES AVAILABLE THROUGH THE TRèS TôT PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRèS TôT PLATFORM OR SUCH OTHER WEBSITES, AND ANY GOODS PURCHASED THROUGH THE TRèS TôT PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless Très Tôt, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Très Tôt Platform, including, but not limited to, your User Contributions, any use of the Très Tôt Platform’s content, Services, Goods and products other than as expressly authorized in these Terms or your use of any information obtained from the Très Tôt Platform.

22. Governing Law and Jurisdiction

All matters relating to the Très Tôt Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Très Tôt Platform, including the Services and goods obtained through the Très Tôt Platform, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City and County of San Diego, although Très Tôt retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Arbitration

By using the Très Tôt Platform, in any way, including obtaining Services and Goods, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Très Tôt arising out of, relating to, or connected in any way with the Très Tôt Platform or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in San Diego, California; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with Très Tôt; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or Très Tôt. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Très Tôt shall be entitled to arbitrate their dispute.

24. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE TRèS TôT PLATFORM AND GOODS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Waiver and Severability

No waiver by Très Tôt of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Très Tôt to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

26. Entire Agreement

The Terms, Privacy Policy, and any other services agreement between You and Très Tôt, and any other documents referenced in the Terms, constitute the sole and entire agreement between you and Très Tôt with respect to the Très Tôt Platform, including Services and Goods obtained through the Très Tôt Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Très Tôt Platform, including Services and Goods obtained through the Très Tôt Platform.

27. Your Comments and Concerns

The Très Tôt Platform is operated by Très Tôt.

All notices of copyright infringement claims should be sent to the copyright agent designated in Très Tôt’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Très Tôt Platform should be directed to: guy@trestot.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Très Tôt takes claims of copyright infringement seriously. Très Tôt will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Très Tôt Platform infringe your copyright, you may request removal of those materials (or access to them) from the Très Tôt Platform by submitting written notification to Très Tôt’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Très Tôt Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow Très Tôt to locate that material.
Adequate information by which Très Tôt can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Très Tôt’s designated copyright agent to receive DMCA Notices is:

NAME: DMCA Agent
Très Tôt
ADDRESS: 9528 Miramar Rd #1015, San Diego, CA 92126 EMAIL: guy@trestot.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Très Tôt Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Très Tôt Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Très Tôt (a “Counter-Notice”) by submitting written notification to Très Tôt’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which Très Tôt can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Très Tôt Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Très Tôt Platform with the complaint at issue.

The DMCA allows Très Tôt to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Très Tôt Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Très Tôt’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.