This article explains some of the key legal concepts in our Terms in plain English. It does not replace the full legal text. For the complete, binding version, please read our Terms and Conditions.
Arbitration
What is arbitration?
Arbitration is a private process where an independent arbitrator (not a judge) reviews a dispute and makes a decision. It’s generally less formal than court.
Why does Troxus use arbitration?
Arbitration can be faster and less expensive than traditional lawsuits for both customers and Troxus. It also allows for disputes to be handled on an individual basis.
Can I sue Troxus in court?
By purchasing or using Troxus Products or our website, you agree that most disputes must be resolved through binding individual arbitration instead of a court lawsuit or jury trial, subject to the specific terms in our legal agreement.
No Class Actions
What does “no class actions” mean?
You and Troxus agree that disputes will be handled on an individual basis only. This means:
- You cannot bring a claim as part of a class action or group case.
- You cannot act as a class representative or class member.
- Claims cannot be combined with other customers’ claims in a single case.
If a court or arbitrator finds that the class action waiver cannot be enforced in a particular situation, other parts of the arbitration agreement may still apply.
Limitation of Liability
What is Troxus responsible for?
Under our Terms, Troxus is typically only responsible for direct damages that:
- you actually suffer, and
- are a reasonably foreseeable result of Troxus breaching the agreement.
Is there a cap on Troxus’s liability?
Yes. In many cases, Troxus’s total liability is limited to no more than the amount you paid for the specific Product or Service giving rise to the claim.
What types of damages are not covered?
To the fullest extent allowed by law, Troxus is not liable for:
- lost profits or revenue,
- loss of business or goodwill,
- indirect, special, incidental, or consequential damages,
- loss or corruption of data, or
- punitive or exemplary damages.
Are there any exceptions?
There are some situations where the law does not allow liability to be excluded or limited, such as certain cases involving:
- death or personal injury caused by gross negligence,
- fraud or fraudulent misrepresentation, or
- other rights that cannot be limited under applicable law.
Indemnification
What is indemnification?
Indemnification means that if your actions cause a legal claim against Troxus (for example, due to misuse of a product or violation of the Terms), you agree to help protect Troxus from that claim and pay associated costs, including reasonable attorneys’ fees, to the extent described in the Terms.
Where to Read the Full Legal Version
This article is only a summary. The legally binding terms are contained in the full agreement, which you can read here:
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