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Terms of Use

Last updated: August 05, 2019

This Terms of Agreement (the “Terms of Use” or “Agreement”) is a legal agreement made by and between you (“you”, “your”, or “End User”) and TPM Alliance, LLC (“we”, “us”, or “our”) as the operator of www.trusightsolutions.com, including any mobile version (the “Site”), governing your access and use of the Site and any information made available to you through the online platform (collectively, the “Services”). The Site and links contained within or otherwise available through external hyperlinks within the Site (the “Microsites”) will be collectively referred to as the “Site” in these Terms of Use.

The Terms of Use may be amended or modified by us at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the Site constitutes acceptance to such change. It is therefore essential that you consult and accept the Terms of Use at the time of accessing the Site, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Site or reviewed the Terms of Use. Updates to the Terms of Use will be denoted by the date marker at the beginning of this document.

Use, collection, transmission, and storage of user information via this Site is subject to the Privacy Policy, also posted on the Site.

YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. BY ACCESSING OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.

1. Consent to Electronic Signatures

You and we agree to conduct transactions and communicate electronically regarding use of the Services. You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access via an electronic device, including Internet, telephonic and wireless devices. You agree that when you click on an “I agree”, “I accept” or “I consent” button with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

2. License and Permitted Uses

Subject to the terms and conditions of this Agreement, we hereby grant to you the non-transferable, nonexclusive, revocable, limited license to access and use the Site and the Service without any right to re-license, sublicense, distribute, assign or transfer such rights. We reserve all rights not expressly granted in this Agreement.

3. Availability of the Site

You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. We reserve the right to terminate your user account and/or to prevent you from using or accessing the Site at any time and for any reason. We retain the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service. We shall not be liable to you or any third-party should we exercise this right.

4. Accuracy, Completeness and Timeliness of Information

Although we strive for accuracy in all elements of the Site, it may contain errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on this Site is inaccurate at any time without prior notice. Although we make reasonable efforts to prevent tampering with the Site, we do not guarantee that our efforts will always be successful. We are not responsible for your reliance on any information or content found on the Site, which for the avoidance of doubt includes any information related to a listing or practice, and we make no representations about the accuracy, reliability, completeness, or timeliness of the Site or information thereon, and are not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.

5. Ownership of the Site

The content and information on the Site as well as the infrastructure used to provide the Site and the Service is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site.

6. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

Links to third-party websites through the Site, if any, are provided solely as a convenience to you. We are not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. We have not reviewed any third-party websites accessible through such links and do not control and are not responsible for any third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. We do not endorse or make any representations about third-party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked to the mobile application, you do so entirely at your own risk. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third-party websites or links to third-party websites.

7. Your Conduct on the Site

The Site is private property. All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion) restricts or inhibits any other End User from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies, which include, but are not limited to, terminating your account and use of the Site and retaining all fees paid to us by you for the Services and/or your use of the Site. As a condition of your use of the Service and the Site, you agree that:

  1. You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Site or Service;
  2. You will not reverse engineer, decompile or modify the Site, in whole or in part or otherwise use the Site or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site, the Service, or any other products or services provided by us or our affiliates;
  3. You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the Site and any and all functions and services provided by us, including any manner that could damage, disable, overburden or impair the Site;
  4. You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site or the Service;
  5. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  6. You will not submit any purposely inaccurate information, committing fraud or falsifying information in connection with your User Account;
  7. You will not attempt to scan or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  8. You will not use the Service, the Site or any of its contents to disparage third-party users, to harass, abuse or harm another person or entity, or to compete, directly or indirectly, with us;
  9. You will not aggregate any content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
  10. You will not deep-link to any portion of the Site without our express written permission;
  11. You will not violate the copyright, trademark, service mark or other intellectual property rights of a third-party in connection with your use of the Site or Service; and
  12. You will not use the Site or Service if you are under the age of 13.

8. Illegal Activity

The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. You may not register under a false name.

We have the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as we deems appropriate. We may also investigate any reported violation of our policies or complaints and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, termination of your User Account, retention of all fees paid to us by you for our Service and/or your use of the Site, denying access and/or removal of any materials on the Site. We reserve the right and have absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests, to protect our systems and customers or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, End User contact details, IP addressing and traffic information, usage history and posted content.

9. Intellectual Property

Everything located on or in the Site is the exclusive property of us or is being used with permission.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to us or such Marks’ respective owners. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.

The Site and any Microsite contains copyrighted material, trademarks, service marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. You may download, print and/or save copyrighted material for your record-keeping purposes only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site or any of the Microsites without our express written permission is prohibited. Any violation of this requirement may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

10. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (C) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US$250.00).

YOU ACKNOWLEDGE THAT WE WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

13. Governing Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Service shall be governed by the laws of Delaware, U.S.A., without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in Delaware, U.S.A.

14. Entire Agreement

This Agreement and the Privacy Policy constitutes the entire agreement, and supersedes all other agreements, oral or written, between the parties pertaining to the subject matter hereof and thereof.

15. Contact Information

To contact us about this Agreement or to provide any other notice, send such notice via email to info@trusightsolutions.com.

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