Last updated April 4, 2023
These terms of use (these “Terms of Use”) are a legal agreement between you and True Digital Group, LLC and its affiliates and subsidiaries (“True Digital,” “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use our website located at www.truedigitalgroup.com (the “Website”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE EXPLORING OUR WEBSITE. BY VISITING, EXPLORING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT EXPLORE, VISIT OR USE OUR WEBSITE.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME. REVISIONS WILL BE EFFECTIVE IMMEDIATELY, AND WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO NOTIFY YOU OF SUCH MODIFICATIONS. IF YOU CONTINUE TO USE THE WEBSITE AFTER SUCH MODIFICATIONS, YOU AGREE TO THE MODIFIED TERMS. IF A CHANGE TO THESE TERMS OF USE MATERIALLY MODIFIES YOUR RIGHTS OR OBLIGATIONS, WE MAY REQUIRE YOU TO ACCEPT THE MODIFIED TERMS OF USE IN ORDER TO CONTINUE TO USE THE SERVICE. IF YOU DO NOT AGREE TO THE MODIFIED TERMS, YOU SHOULD DISCONTINUE USE OF THE SERVICE.
ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT THROUGH YOUR USE OF THE WEBSITE WILL BE GOVERNED BY OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN.
1. WEBSITE; CONTENT; TRADEMARKS
The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. We exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices on the Website or any Content (as defined below).
The Website contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other content (collectively referred to as the “Content”). The Content is owned by us or our licensors and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may view all Content for your own personal, non-commercial use. No other use is permitted without our prior written consent. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos used and displayed on the Website may be registered and/or unregistered trademarks or service marks of ours or our licensors (collectively, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express approval.
2. INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY
You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use, your violation of any applicable law, or your negligence or willful misconduct. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE (I) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE, ANY INACCURACY OR OMISSION IN SUCH CONTENT OR INFORMATION OR FAILURE TO KEEP SUCH CONTENT OR INFORMATION CURRENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR DIRECT DAMAGES IN EXCESS OF $100.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH ABOVE. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
3. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
4. TERMINATION
We reserve the right, in our sole discretion, to change, restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. Sections 1-6 shall survive the termination of these Terms of Use.
5. COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
6. MISCELLANEOUS
If we make any password-restricted areas or services (collectively, “Services”) available to you through the Website, use of such Services may be subject to additional terms and conditions, which will be made available to you prior to permitted any such use (“Additional Service Terms”). The Website is based in the United States. We make no claims concerning whether the Website or Content may be accessed, viewed, or be appropriate for use outside of the United States. If you access or use the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and True Digital submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms of Use.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Use, together with the Privacy Policy and any Additional Service Terms, constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2024, True Digital Group, LLC. All rights reserved.