You represent and warrant that (a) all of the information provided by you to Tru Optik and/or the Website is full, complete and accurate; (b) you will not create single account that multiple users will use; (c) you have all necessary right, power, and authority to enter into this agreement and to perform the acts required of you hereunder; (d) you will not use the Website for any unlawful purpose or in violation of any law; and (e) you will not post or transmit through the Website any material that violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, hateful, obscene, profane or otherwise objectionable.
By submitting information or material to Tru Optik and/or the Website, you automatically grant to Tru Optik, or warrant that the owner of such material has expressly granted to Tru Optik, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, make derivative works of and distribute such information and/or material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other proprietary rights that may exist in such material (including any moral rights), and to grant and authorize sublicenses thereof. You also agree that any other user of the Website may access, display, view, store and reproduce the material for that user’s personal use. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any of your submissions.
1. To use the Website for lawful purposes only
3. Not to allow the service and/or any related advertising to be placed on any third party web site
4. Not to adjust, alter, modify, decipher, make derivative works of, disassemble, or reverse engineer the service or any code or documentation furnished by Tru Optik in connection with the Website
5. Not to use our services in any manner which interferes with the performance or functionality of the Website
6. Not to attempt to gain access to secured portions of this site to which you do not retain access rights
Proprietary Rights and Confidentiality
All right, title and interest in and to the site, service, compilations, and other materials related to the service are and shall at all times remain the sole and exclusive property of Tru Optik and are protected by applicable intellectual property laws and treaties. All data related to the site or collected by the service is sole property of Tru Optik. You acknowledge that you do not acquire any ownership rights in or to the service or the data collected.
TRU OPTIK MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, MERCHANTALBILITY, RESULTS OF USE, ACCURACY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE WEBSITE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. YOU ASSUME ALL RISK FOR YOUR USE OF THE WEBSITE. TRU OPTIK DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THERE IS NO GUARANTEE MADE BY TRU OPTIK OF ANY RESULTS, INCREASED TRAFFIC, OR USER ENGAGEMENT.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL TRU OPTIK AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO OUR SERVERS, SERVER UNAVAILABILITY, AND ANY PERSONAL INFORMATION STORED THEREIN, AND WHETHER OR NOT TRU OPTIK WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, OVERSIGHTS, ERRORS, OR OTHER INACCURACIES IN THE SERVICE.
IN NO EVENT SHALL THE RELEASED PARTIES OR ANY OF THEIR CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF, OR RELIANCE ON, THE SITE OR THE INFORMATION CONTAINED THEREIN, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES OR ITS CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR LOST PROFITS OR SIMILAR DAMAGES. IN NO EVENT WILL TRU OPTIK’S LIABILITY TO YOU EXCEED $100. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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 agree to indemnity, defend and hold harmless Tru Optik and its directors, employees, agents, affiliates, and clients from and against all demands of liabilities, damage, losses, claims and fees (including attorney’s fees) arising from; your use of the service, data, or code; third party claims based on your access and use of the site; any breach of this agreement by you.
You may terminate your Tru Optik account by discontinuing use of its services. Tru Optik may terminate or suspend your use of the service at any time without notice or liability. Upon termination of this Agreement, your rights to the service will cease immediately.
Governing Law; Venue
Entire Agreement; Amendment; Binding Effect
Third Party Beneficiaries
Registration and Account Security
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You may not transfer your account to anyone without first getting prior written consent from Tru Optik. If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).
Rights of Third Parties
Payment For Services
If you elect to access any paid component of the Website, you agree to pay all fees and charges associated with your subscription on a timely basis. Tru Optik may change its pricing from time to time, and will communicate any price changes to you. Price changes will take effect at the start of the next billing or subscription period following the date of the price change. By continuing to use the Site after the price change takes effect, you accept the new price.
Technology Limitations and Modifications
Tru Optik will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Tru Optik reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand and agree that Tru Optik has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Website.