TruClarity Terms & Conditions (“Agreement”)
This agreement was last modified on April 25, 2016.
This Site is owned by TruClarity Holdings, LLC (“TruClarity”) which specifically denies access to any individual that is covered by the Children’s Online Privacy Protection Act of 1998.
These Terms and Conditions may change from time to time. Visitors should keep themselves informed of such changes by reviewing these Terms and Conditions each time they visit TruClaritySolution.com. Continued use of the Site will constitute acceptance of such revised Terms and Conditions.
Parties to the Terms and Conditions Agreement. Visitors, viewers, users, subscribers, members, affiliates or customers, collectively referred to herein as “Visitors,” are parties to these Terms and Conditions along with the Site and its owner and/or operators.
Use of the information from this Site. Unless they have entered into an express written contract with TruClarity to the contrary, Visitors have no right to use any information on the Site in any commercial or public setting or for any purpose. Visitors have no right to broadcast, copy, save, print, sell or publish any portions of the content of this Site. By accessing the contents of this Site, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to Visitor a license under any copyright, trademark, patent or other intellectual property right of TruClarity or any third party. Again, Visitor has no rights whatsoever to use the content of, or portions of the Site, including its databases, invisible pages, linked pages, underlying code or other intellectual property the Site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate TruClarity with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance of these terms.
Hyperlinking to Site, co-branding, “framing” and referencing Site prohibited. Unless expressly authorized by TruClarity, no one may hyperlink this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (Site address) of this Site or any page of this Site in any commercial or non-commercial media without express permission from us, nor are you allowed to “frame” the Site. You specifically agree to cooperate with TruClarity to remove or deactivate any such activities, and you shall be liable for all damages arising from violation of this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate TruClarity with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing the Site and that accessing it constitutes acceptance.
Disclaimer for Contents of Site. The user of the Site assumes all responsibility and risk for the use of the Site and the internet generally. TruClarity assumes no responsibility for the accuracy, completeness, reliability or usefulness of any information (or other material), apparatus or other process contained on, distributed through or linked, downloaded or accessed from the Site. Unless you have otherwise entered into an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.
Disclaimer for harm caused to your computer or software from interacting with this Site or its contents. Visitor assumes all risk of viruses, worms or other corrupting factors. We assume no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Again, Visitor views and interacts with this Site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Disclaimer for harm caused by downloads. Visitor downloads information from this Site at his own risk. TruClarity makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
Limitation of Liability. By viewing, using or interacting in any manner with this Site, including banners, advertising or pop-ups, downloads and as a condition of the Site to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our Site or service.
TruClarity shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TruClarity has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the Site; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the Site; or (d) or any other matter relating to the Site.
The Site is made available to you on an “as-is” basis, without any warranties of any kind, and without any representations or guarantees.
TruClarity and its affiliates hereby disclaim all warranties, representations and endorsements, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Indemnification. Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of the Site, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
You agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, the Site any information, content or other material which (a) violates, infringes or misappropriates any intellectual property right, any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
Notice. No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly acknowledges and agrees that the right to notice is waived as a condition for permission to view or interact with the Site.
Arbitration shall be conducted pursuant to the rules (the “Rules”) of the American Arbitration Association (the “AAA”) which are in effect on the date a dispute is submitted to the AAA. Information about the AAA, the Rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county where the office of TruClarity is located.
In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pretrial discovery except as provided in the Rules and will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim subject to arbitration. The arbitrator’s decision will be final and binding.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including, without limitation, attorney fees, collection fees, investigation fees and travel expenses.
Jurisdiction and venue. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city stated in the contact information of Site unless otherwise herein specified. In the event of any litigation in a federal court, the proper court shall be the closest federal court applicable to TruClarity’s address.