User’s Responsibilities and Acknowledgements
Restricted Activities You are prohibited from any use of the Sites or their contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Sites shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Sites; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Sites content or User information without the prior expressed written permission of True Enterprises and the appropriate third party, as applicable. You may not consummate any transaction on the Sites, or that was initiated using our Sites, that could cause us to violate any applicable law, statute, ordinance or regulation.
Access and Interference You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of True Enterprises and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iv) bypass any measures we may use to prevent or restrict access to the Sites.
Breach Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.
Links to Third Party Sites There may be links established between the Sites and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, True Enterprises. Such links do not necessarily constitute an endorsement by True Enterprises of those sites. True Enterprises undertakes no obligation to monitor such sites, and you agree that True Enterprises is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
Intellectual Property The Sites contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Sites except as permitted under the applicable laws. If you post a comment to the blog on the Site, you grant True Enterprises a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify True Enterprises or its affiliates for all claims resulting from content you supply. True Enterprises has the right but not the obligation to monitor and edit or remove any content on the Sites.
DMCA Policy True Enterprises takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act (“DMCA”), True Enterprises has designated an agent to receive notification of alleged copyright infringement occurring on the Sites. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to email@example.com . The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: •A description of the copyrighted work claimed to have been infringed; •A description of the infringing material and information reasonably sufficient to permit True Enterprises to locate the material; •Your contact information, including your mailing address, telephone number, and email address; •A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; •A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and •A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
Email Policy Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. Disclaimer of Warranties WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TRUE ENTERPRISES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRUE ENTERPRISES DISCLAIMS ANY AND ALL SUCH WARRANTIES. General Release IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE TRUE ENTERPRISES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY TRUE ENTERPRISES. Limitation of Liability IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT TRUE ENTERPRISES TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. Indemnity You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Sites, or (ii) your violation of this Agreement or your use of the Sites in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. True Enterprises reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of True Enterprises. You further agree to indemnify and hold harmless True Enterprises from any claim arising from a third party’s use of information or materials of any kind that you post to the Sites. Licenses True Enterprises grants a limited license to each qualified User to make personal use only of the Sites in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Sites, making any derivative of the Sites, the collection and use of e-mail addresses or other User information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Sites. Waiver Failure by True Enterprises to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. Right to Change this Agreement True Enterprises reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Sites at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Sites. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site following True Enterprises posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Sites. Dispute Resolution You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between users and not involving True Enterprises, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Nevada and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or True Enterprises may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Nevada necessary to protect the rights or property of you or True Enterprises pending the completion of arbitration. General Provisions This is the entire Agreement governing the use of the Sites. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Nevada, without regard to that state´s conflict of laws provisions. By using the Sites and subject to the arbitration requirement above, you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Nevada. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of True Enterprises in accordance with applicable law and the remainder of the Agreement shall remain in full force. Contact True Enterprises Except as explicitly stated otherwise, any notices to True Enterprises shall be given by email to firstname.lastname@example.org (in the case of True Enterprises). You agree that you will notify True Enterprises in writing of any claim or dispute concerning or relating to the Sites and the information or services provided through them and give True Enterprises a reasonable period of time to address it before bringing any arbitration or legal action.