Terms and Conditions
IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO REGISTERING OR CLICKING THE "REGISTER" BUTTON. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("The User") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY TRUTH MAPPER. IF the User IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE User SHOULD PROMPTLY EXIT FROM THIS WEB PAGE AND DISCONTINUE USE OF TRUTH MAPPER SERVICES. TRUTH MAPPER RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT the User DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
Truth Mapper reserves the right, in its sole discretion, to reject, refuse to send or remove any message, communication or notification by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Truth Mapper Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Truth Mapper expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the Truth Mapper Service if Truth Mapper determines, in its sole discretion, that you have violated this Agreement or pose a threat to Truth Mapper and/or its Users.
Information you post, send or otherwise disseminate on or through the Truth Mapper service and that you provide to other Users may not include any form of Prohibited User Conduct, as outlined in Section 4 below. Truth Mapper assumes no responsibility or liability for any unauthorized or impermissible content that would otherwise violate this agreement. If you become aware of misuse of the Truth Mapper service by any user, please email us to report any violations.
- In order to accept or agree to the Terms and use Truth Mapper, you must be of legal age to form a binding contract with Truth Mapper. Use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are under 18, you must have the approval of a parent or legal guardian before creating an account.
- By using Truth Mapper Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of Truth Mapper Services does not violate any applicable law or regulation.
- Establishing an Account. You may become a User of the Service at no cost by signing up and creating a Truth Mapper account ("Account"). As a User, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying User to the Service.
- Limitations on Use of Service
- Truth Mapper assumes no responsibility for monitoring Truth Mapper Services for inappropriate content or conduct. If at any time Truth Mapper chooses, in its sole discretion, to monitor Truth Mapper Services, Truth Mapper not withstanding the foregoing assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
- You are solely responsible for the content that you post/send on or through any of the Truth Mapper Services.
Prohibited User Conduct The following are examples of the kind of User Conduct that is illegal or prohibited on or through the use of the Truth Mapper Service. Truth Mapper may investigate and take appropriate legal action against anyone who, in Truth Mapper' sole discretion, violates this provision, including without limitation, removing the offending content from the Truth Mapper Website and terminating the membership of such violators. Prohibited User Conduct includes, but is not limited to, conduct that, in the sole discretion of Truth Mapper:
Truth Mapper reserves the right to investigate and take appropriate legal action against anyone who, in Truth Mapper' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- is clearly offensive, abusive, threatening, obscene, defamatory or libelous and promotes racism, bigotry, or hatred;
- involves any type or promotion of fraud or attempts to defraud another;
- involves "name squatting" or other disingenuous behavior pertaining to the reserving of usernames where the common public association with that name is with an entity other than you.
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Truth Mapper Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- interfering with, disrupting, or creating an undue burden on the Truth Mapper Services or the networks or services connected to the Truth Mapper Services;
- impersonating or attempting to impersonate another User, person or entity;
- using the account, username, or password of another User without authorization at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your membership or account access without authorization from Truth Mapper;
- using any information obtained from the Truth Mapper Services in order to harass, abuse, cause public disorder or mayhem; or harm another person or entity, or attempting to do the same;
- unsolicited advertising through the Truth Mapper service to Truth Mapper users of any kind is prohibited;
- Termination. This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased access to Truth Mapper. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Truth Mapper may terminate this Agreement with or without notice by terminating your Account.
- Limitation of Liability
- Delivery of messages is made on a "best effort" basis. All such content is regarded as informational and not life saving in nature. Deliveries of such messages might be subject to delay or failure. You agree to indemnify and hold harmless Truth Mapper and all message delivery service providers and message viewing service providers involved with message sending and receiving through the Truth Mapper service;
- Without limiting the foregoing, under no circumstances shall Truth Mapper be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, war, acts of foreign or domestic terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- IN NO EVENT SHALL TRUTH MAPPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TRUTH MAPPER SYSTEM, EVEN IF TRUTH MAPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Login Credentials. You are responsible for maintaining the confidentiality of your Login Information (username and password), and you will be responsible for all uses of your Login Information, whether or not authorized by you. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you agree to and must immediately notify Truth Mapper.
- Warranty Disclaimer
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, TRUTH MAPPER PROVIDES THE SERVICE, INCLUDING THE DATA GENERATED BY THE SERVICE, ON AN "AS IS, AS AVAILABLE AND WITH ALL FAULTS" BASIS, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE SERVICE, SUCH DATA, OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING. TRUTH MAPPER DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN. TRUTH MAPPER WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR DATA, INTERRUPTION OF BUSINESS OR THE SERVICE, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. TRUTH MAPPER WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE SERVICE OR ANY DATA, WHETHER DUE TO AN ACTION BY GOVERNMENTAL ENTITY, ACT OF FOREIGN OR DOMESTIC TERRORISM, WAR, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SERVICE. TRUTH MAPPER MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR THAT THE DATA OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TRUTH MAPPER IS HEREBY NOT LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
- No agent or representative has the authority to create any warranty regarding the Website on behalf of Truth Mapper. Truth Mapper reserves the right to change, modify or discontinue at any time any aspect or feature of the Service. You agree to be bound to any changes made to the Service. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- US Export Controls. Software available in connection with Truth Mapper Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Truth Mapper System or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Truth Mapper agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Truth Mapper service. Either Truth Mapper or you may demand that any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Cruz County, California, USA.
- EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT
- Indemnity. You agree to indemnify and hold Truth Mapper, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Truth Mapper Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
- Other. This Agreement constitutes the entire agreement between you and Truth Mapper regarding the use of the Website and Service. Failure of Truth Mapper to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is void, unlawful or unenforceable, that provision shall be deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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