| Membership Agreement
Welcome to Truistic Solutions . (referred to as “Truistic Solutions”)
where affordable web design is the name of the
game. This Truistic Solutions Services Member Agreement
(the "Agreement") explains the terms
and conditions governing your use of Truistic Solutions’s
services, technology, and any other content available
on the Truistic Solutions service. By checking the box
and clicking on the ‘Continue’ button,
you accept these terms and conditions and acknowledge
that the Truistic Solutions service is subject to certain
limitations set forth below. If you do not wish
to accept this agreement, do not purchase this
service. By registering and purchasing any Truistic Solutions
service, you agree to use the Truistic Solutions service
in a manner consistent with all applicable laws
and regulations and in accordance with the terms
and conditions outlined below.
1. Services
(a) Generally. Purchasing Truistic Solutions's service
entitles you (a "Member") to all the
tools, content, and services available on the
system regardless of your use of them.
If you would like to switch Truistic Solutions services,
please contact Customer Care or apply the changes
on your own (in your "Account Summary"
in the Customer Login Area.
(b) Truistic Solutions Services and Technology: You
will be able to use the proprietary and licensed
technology inorated in the Truistic Solutions Service
to build and maintain your web site ("Member
Site") ("Technology"). Truistic Solutions
may offer other tools and services that are not
included in any Truistic Solutions Service, including
premium or custom services for which an additional
fee will apply. Separate terms and conditions
apply for each Truistic Solutions Solution and will be
outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any Truistic Solutions
Service, you agree to pay all fees and charges
specified in the Truistic Solutions Service fee schedule.
All fees are due immediately and are non-refundable.
Truistic Solutions asks that you provide us with your
credit card information for payment, and all charges
you incur for use of the Truistic Solutions Service will
be charged to the credit card number you provide.
If Truistic Solutions does not receive payment from the
card issuer, you agree to pay Truistic Solutions all
amounts due upon demand. Truistic Solutions may take
commercially reasonable actions to validate your
credit card and collect all payments due. You
agree to pay all attorney and collection fees
arising from any efforts to collect any past due
amounts from you to the extent allowed by law.
You understand that if Truistic Solutions does not receive
timely payment of all amounts due for any Solution
you purchase, your use of any Truistic Solutions Service
or Solution may be severely restricted or terminated
at Truistic Solutions's sole discretion. This includes
any Information you provide to Truistic Solutions while
using any Truistic Solutions Service or Solution.
THE FEE FOR ANY Truistic Solutions SERVICE IS NONREFUNDABLE.
Truistic Solutions WILL NOT REFUND ANY FEES PAID BY YOU
IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) Truistic Solutions reserves the right at its sole
discretion and as it deems appropriate to add
or remove certain services it offers and change
its fees for any services in accordance with Section
4.
(c) You agree to notify Truistic Solutions immediately
if you suspect unauthorized use of the Truistic Solutions
Service, your credit card, or your password. Under
the Fair Credit Billing Act, your credit card
provider cannot hold you liable for more than
$50 of fraudulent charges. Subject to the following,
if your credit card provider holds you liable
for any of this $50, Truistic Solutions will cover your
entire liability up to the full $50. Truistic Solutions
will cover this liability only if the unauthorized
use of your credit card is solely a result of
a negligent act or omission by Truistic Solutions, and
only for purchases made at Truistic Solutions while using
the secure server. In the event of an unauthorized
use of your credit card, you must notify your
credit card provider in accordance with its reporting
rules and procedures.
(d) You agree to pay any taxes, including personal
property taxes or sales taxes (GST for Canadian
Customers), resulting from your use of the Truistic Solutions
Services. You agree to pay all attorney and collection
fees arising from our efforts to collect any past
due amounts from you to the extent allowed by
law.
3. Restrictions and
Description of Prohibited Acts
(a) You may not use the Truistic Solutions Service or
Truistic Solutions Solution, the selection of a web address
for your Member Site, the Technology, or the Member
Site to, including, but not limited to:
(i) display material containing pornographic
material or adult paraphernalia of any kind, whether
viewable by the general public or hidden in password
protected areas
(ii) provide material that is grossly offensive
to the Truistic Solutions online community, including
blatant expressions of bigotry, prejudice, racism,
hatred, or profanity, or post any obscene, lewd,
lascivious, filthy, excessively violent, harassing,
or otherwise objectionable content
(iii) sell or promote any products or services
that are unlawful in the location at which the
content is posted or received
(iv) access illegally or without authorization
any computers, accounts, or networks of Truistic Solutions
or any Truistic Solutions Member, or attempt to penetrate
Truistic Solutions's security measures ("hacking"),
or conduct a port scan, stealth scan, or other
information-gathering activity the intent of which
is to gather information to be used to attempt
a system penetration; or upload to Truistic Solutions,
send through Truistic Solutions, or have Truistic Solutions
host or distribute any Internet viruses, worms,
Trojan horses, other harmful code, pinging, flooding,
mail bombing, or denial-of-service attacks; or
disrupt the use of or interfere with the ability
of others to effectively use an Truistic Solutions Service
or any connected network, system, service, or
equipment
(v) display material that exploits, or otherwise
exploit, children under 18 years of age
(vi) post any content or otherwise infringe in
any way or violate any copyright, patent, trademark,
service mark, trade name, trade secret, or other
intellectual property right of any third party
(vii) promote, solicit, or participate in pyramid
schemes
(viii) post any content that holds Truistic Solutions
up to public scorn or ridicule
(ix) engage in any libellous, defamatory, scandalous,
threatening, or harassing activity
(x) post or disclose any personally identifying
information or private information about children
or any third parties without their consent (or
their parents' consent, in case of a minor)
(xi) post any content that advocates, promotes,
or otherwise encourages violence against any governments,
organizations, groups, or individuals or that
provides instruction, information, or assistance
in causing or carrying out such violence.
(xii) post any information, images or content
that Truistic Solutions (in its sole discretion) deems
immoral or unfit for general public consumption.
(b) You agree that without the express consent
of Truistic Solutions (and showing proof of the appropriate
licenses where necessary or appropriate), you
will never provide, sell, or offer to sell the
following products or content (or services related
to the same) on the Member Site you create: pharmaceutical
or any other controlled substances; illegal drugs;
illegal drug contraband; alcohol; firearms; weapons;
pirated computer programs; pornography or illicitly
pornographic sexual products; adult paraphernalia;
programs to "nuke" or create attacks
against another individual or an Internet service
provider; illegal goods; escort services; instructions
on how to assemble or otherwise make bombs, grenades,
or other weapons; information used to circumvent
manufacturer-installed copy-protect devices; or
computer software viruses or software designed
to create a virus.
(c) You also agree that you will never promote
or provide instructional information about: illegal
activities, activities that can lead to physical
harm to any group or individual, or any activities
that lead to cruelty to animals. You may not use
the Truistic Solutions Service, Technology, or Member
Site in any high-risk activities where damage
or injury to persons, property, environment, or
business may result if an error occurs. YOU EXPRESSLY
ASSUME ALL RISK FOR SUCH USE.
(d) Unless Truistic Solutions offers a service to conduct
any of the following, you agree that you will
never conduct the following types of activities
on the Member Site: gambling; sweepstakes; raffles;
lotteries; contests, pyramid, or Ponzi schemes;
and/or unsolicited commercial Email (spam).
(e) You agree that you will not (and you will
not allow any third party to) partake in the following
actions: reverse engineering, reverse compiling
or otherwise deriving the underlying source code
or structure or sequence of any Truistic Solutions Service,
Truistic Solutions Solution, or any Technology; individual
passwording of Member Sites (or pages contained
therein); deleting or altering author attributes
or copyright notices, unless expressly permitted
in writing by the author or owner; and/or fail
to obtain all required permissions when using
an Truistic Solutions Service, Truistic Solutions Solution,
or Technology to receive, upload, download, display,
distribute, or execute programs or perform other
works protected by intellectual-property laws,
including copyright and patent laws.
(f) You agree and acknowledge that at all times,
Truistic Solutions retains all rights to the graphical
design of the website or template used by you
as a paying customer. Images are licensed royalty-free
images that Truistic Solutions does not sell, sublicense
or offer for lease to any customers before, during
or after their time with Truistic Solutions as a customer.
4. Changes to the Terms
and Conditions
Truistic Solutions may at any time, with notice of not
less than thirty (30) days, change its fees and
change the terms of this Agreement. Except for
the addition of new tools and services, Truistic Solutions
will also give reasonable notice before any modification
of the then-current Truistic Solutions Service that could
change your Member Site. Truistic Solutions will announce
changes to our fees and charges by posting them
in the Home section of our service (first page
once a customer logs into to Client Area). Truistic Solutions
may, at its discretion, supplement such notice
by sending you an email or by putting a popup
notice on your screen when you access the Truistic Solutions
Service, or by sending you a letter. If you find
any change to be unacceptable, you are free to
terminate this greement by following the steps
described in Section 8.
5. Truistic Solutions Signature
Truistic Solutions relies on the ongoing support of
its customers to help fund the services it offers
its Members. Accordingly, Truistic Solutions reserves
the right to include its signature in text ("online
website builder: Truistic Solutions ") at the bottom
of each web page Truistic Solutions hosts. This will
be unobtrusive so as not to detract or in any
way distract our customers’ web site visitors.
6. Information About
You and Your Business
(a) Truistic Solutions is committed to protecting your
privacy. Truistic Solutions will never sell personally
identifiable information about you or your business
to any third party without first receiving your
permission, and all uses of any personally identifiable
information about you or your business will be
subject to our Privacy Policy.
(b) In order to protect you, Truistic Solutions uses
state-of-the-art technology to protect your data
from unauthorized third parties. Currently Truistic Solutions
uses Secure Sockets Layer (SSL) software to protect
your data and secure your transactions. SSL encrypts
or "scrambles" all your personal information,
including your credit card number, name, and address,
as it is transmitted over the Internet. For more
details, please visit Security.
7. Truistic Solutions Rights
(a) Member Site Content Changes. Truistic Solutions
reserves the right to make changes to Member Site
upon written request by you to Customer Care to
do so, such as through email, or upon breach of
any of the provisions of this Agreement by providing
you notice of such breach and reasonable time,
determined by Truistic Solutions at its sole discretion,
to rectify the infringing content. If after such
time has expired the Member Site does not conform
to Truistic Solutions's satisfaction, Truistic Solutions may
make changes to the content of Member Site to
bring it to compliance with this Agreement. Member
agrees not to hold Truistic Solutions liable for any
foreseeable, unforeseeable, direct, or indirect
consequences that may result from changes made
by Customer Support to Member Site in response
to Member request to do so or in response to a
Member Site that breaches this Agreement. Truistic Solutions's
decisions are final and binding. Notwithstanding
the above, Truistic Solutions also reserves the right
to discontinue the provision of any or all aspects
of the Truistic Solutions Service or any Truistic Solutions
Solution to any Member for any breach of this
Agreement.
(b) Communications. You will receive a confirmation
email from us at the time of registration. Once
registered, you can set your email subscription
preferences by clicking on the My Account link
in the upper right corner of the Service, then
choosing the Email Subscriptions link. If you
choose to receive Member communications, you may
choose to change your email preferences at any
time by following the instructions above. Truistic Solutions
reserves the right to communicate with all Members
regardless of their email subscriptions in the
event that important messages need to be communicated
to Members, including, but not limited to, service
outages, material changes or modifications to
the service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when you
click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by Truistic Solutions.
(i) Truistic Solutions may at any time without notice
to you discontinue any or all aspects of the Truistic Solutions
Service or restrict your use of the Truistic Solutions
Service in whole or in part for any breach of
this Agreement by you; or if Truistic Solutions determines
in its sole and exclusive judgment that terminating
your use of the Truistic Solutions Service is necessary
for security reasons or for proper continued operation
of the Truistic Solutions Service; or your use of the
Truistic Solutions Service, Truistic Solutions Solution, or
Technology is not for legitimate business purposes,
or your use of the Truistic Solutions Service violates
any laws or regulation; or if Truistic Solutions receives
information that the Truistic Solutions Service or your
use of the Truistic Solutions Service (or any part thereof)
may violate any third-party right.
(ii) Truistic Solutions may at any time, with thirty
(30) days notice to you, modify or discontinue
any or all aspects of the Truistic Solutions Service.
(iii) Truistic Solutions may at any time, with ten (10)
days notice to you, modify or discontinue any
or all aspects of the Truistic Solutions Service or any
Truistic Solutions Solution, if the credit card number
you provide Truistic Solutions expires, or if Truistic Solutions
is unable to charge valid charges to that credit
card number, or if you otherwise fail to make
payments due to Truistic Solutions hereunder.
(iv) Upon termination of this Agreement, all rights
granted to you under this Agreement shall terminate
immediately. If Truistic Solutions terminates this Agreement
or suspends your access to the Truistic Solutions Service,
you will remain liable for the full charge for
the period during which we terminate or suspend
your Truistic Solutions Service. Following such termination
or suspension, you agree not to reregister for
or otherwise access the Truistic Solutions Services without
Truistic Solutions's prior written approval. Truistic Solutions
reserves the right to delete any data files associated
with your use of the Truistic Solutions Service upon
termination of this Agreement.
(v) In the event that a charge back occurs on
your credit card which is your responsibility
(for example, insufficient funds) then you agree
to cover the $25 US charge. If the error is as
a result of Truistic Solutions’s mistake, no charge
back fee will apply.
(c) Termination by You.
You may cancel your Truistic Solutions Service at any
time. To cancel, you must submit a written request
to Customer Care at least five (5) business days
before the beginning of your next billing period.
If your notice to Truistic Solutions is within this five
(5) business-day period before the beginning of
your next billing period, you will be charged
for the subsequent billing period, and the cancellation
will take effect for the following billing period.
Any cancellations that occur after the monthly
payment is withdrawn from your credit card are
non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your Truistic Solutions Service, then as
of the end of the applicable billing period, you
will no longer have access to any of the tools
and services included in the service, therefore:
(i) Truistic Solutions will no longer host your web
site, and all of your Information will be deleted
(ii) you will no longer have access to any site
building services, communication tools, or reports
(iii) you will no longer have access to your Web
Mail, and any files, emails, attachments, email
addresses, and any other information or content
included in your Web Mail account will be deleted
(iv) you will have no rights to the graphics or
design Truistic Solutions has provided once cancellation
is in effect (i.e.: design and graphics are the
sole property of Truistic Solutions).
Truistic Solutions IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT,
OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL
THIS SERVICE.
9. Indemnification
You agree to indemnify Truistic Solutions and hold Truistic Solutions
harmless against any and all liabilities, cost,
and expenses, including reasonable attorney's
fees related to or arising from:
(i) your use of the Truistic Solutions Service in a
way that is prohibited or restricted under this
agreement
(ii) infringement of any copyright, trademark,
intellectual property, or other right or patent
by any material you post or use on your Member
Site
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libellous material
posted on your Member Site.
10. Reporting Violations
Truistic Solutions does not routinely monitor the content
of Member Sites but will investigate complaints
of a violation of third-party rights. Violations
or infringement of a third-party copyright, other
intellectual property right, or other right will
be dealt with in accordance with the Truistic Solutions
policy.
11. Proprietary Rights
As between the parties, Truistic Solutions acknowledges
that it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree
that Truistic Solutions and its licensors own all right,
title, and interest in:
(a) the Truistic Solutions Service or any Truistic Solutions
Solution
(b) the Technology available on the Truistic Solutions
Service or Truistic Solutions Solution
(c) and all content, including but not limited
to text, software, music, sound, photographs,
video, graphics, or other material contained or
maintained on the Truistic Solutions Service or Truistic Solutions
Solution (collectively "Truistic Solutions Content"),
excluding all Member Information.
In addition, you agree that the Truistic Solutions Content
and Technology available on the Truistic Solutions Service
or any Truistic Solutions Solution is protected by Canadian,
U.S. and international copyrights, trademarks,
service marks, patents, or other proprietary rights
and laws; therefore, you are permitted to use
this Truistic Solutions Content and Technology only as
expressly authorized by Truistic Solutions. You also
understand and agree that the compilation, collection,
selection, arrangement, assembly, and coordination
of all Truistic Solutions Content available on the Truistic Solutions
Service or Truistic Solutions Solution is the exclusive
property of Truistic Solutions and its licensors and
protected by U.S. and international copyright
laws. You agree that, except as expressly authorized
by Truistic Solutions, all the Truistic Solutions Content and
Technology available on the Truistic Solutions Service
or Truistic Solutions Solution may be used by you only
for your internal business and data-gathering
purposes. You may not make, use, sell, copy, reproduce,
distribute, transmit, or create derivative works
from this Truistic Solutions Content or Technology without
expressly being authorized to do so by Truistic Solutions.
12. Trademarks
Truistic Solutions (TM), what the web can be (TM), Truistic Solutions
solutions (TM) and other pending and/or registered
trademarks and service marks, and other graphics,
logos, and service names used by Truistic Solutions on
the Truistic Solutions Service or Truistic Solutions Solutions
to identify the products or services of Truistic Solutions
(collectively the "Truistic Solutions Trademarks")
are the trademarks of Truistic Solutions. You agree not
to use the Truistic Solutions Trademarks in connection
with your products or services or any third-party
products or services or in any manner that disparages
or discredits Truistic Solutions. All other brands and
names (including third-party product names) used
on the Truistic Solutions Service are the property of
their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER
CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS
UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU
AGREE THAT IN NO EVENT WILL Truistic Solutions, OUR AFFILIATES,
CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE Truistic Solutions SERVICE,
TECHNOLOGY, OR CONTENT AVAILABLE ON THE Truistic Solutions
SERVICE ("Truistic Solutions AFFILIATES"),
BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE Truistic Solutions SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN
IF Truistic Solutions HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF Truistic Solutions AND
THE Truistic Solutions AFFILIATES ARISING FROM OR RELATING
TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION
OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID
TO Truistic Solutions DURING THE TERM OF THIS AGREEMENT
FOR ANY Truistic Solutions SERVICE, Truistic Solutions SOLUTION,
OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS Truistic Solutions OR ANY Truistic Solutions
AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM
YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES
IN CONNECTION WITH THIS AGREEMENT, OR ARISING
FROM ANY CAUSE BEYOND Truistic Solutions'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU
IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING
YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH
OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL
BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect 99
percent availability in any calendar month, excluding
scheduled maintenance or outages beyond our control
or other third-party service provider outages.
Your published site is available when end users
are able to download your homepage from Truistic Solutions.
If, for some reason beyond our control, the Truistic Solutions
service in unavailable to you and your customers
for less than 80% of the time (calendar month),
Truistic Solutions will provide a refund for the affected
month. You acknowledge that in no way will Truistic Solutions
be held financially responsible for any loss of
business / service as a result of downtime of
your web site or the improper functioning of it.
Please report any technical problems to Customer
Care.
Once an Truistic Solutions refund is given (for affected
calendar month), it will be applied to your next
billing cycle. If a credit is necessary, you will
receive the appropriate credit within 6 to 8 weeks
of the end of the month in which the Performance
Guarantee was breached. In no event will Truistic Solutions
refund any portion of the package service fee.
Availability shall be calculated solely by Truistic Solutions.
This Performance Guarantee does not apply to any
technology offered to you in a "preview"
or "beta" mode.
The remedy stated above is your sole remedy for
any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER
SITE DO NOT REFLECT THOSE OF Truistic Solutions, AND
Truistic Solutions DOES NOT REVIEW, VERIFY, ENDORSE,
OR OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY
OF ANY MEMBER SITES. Truistic Solutions IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE
SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN
THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY
LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND
MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER
SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS
OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK,
PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT
THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) Truistic Solutions IS NOT RESPONSIBLE FOR THE DELIVERY
OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED
THROUGH THE Truistic Solutions NETWORK OR THROUGH ANY
Truistic Solutions AFFILIATE PROGRAM OR THROUGH THE MEMBER
SITES.
(c) EXCEPT FOR 14(a), ALL Truistic Solutions SERVICE,
CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION
WITH THE Truistic Solutions SERVICE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF ANY KIND. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER
Truistic Solutions NOR Truistic Solutions'S LICENSORS MAKE ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH
RESPECT TO THE Truistic Solutions SERVICE, CONTENT, TECHNOLOGY,
OR PRODUCTS THAT Truistic Solutions OR ITS LICENSORS
OR ANY OTHER THIRD PARTY PROVIDES, AND Truistic Solutions
AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED
AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH
RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING,
NO WARRANTY IS GIVEN THAT THE Truistic Solutions SERVICE
OR TECHNOLOGY IS ERROR-FREE. Truistic Solutions AND ITS
LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY
OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S)
OR PRODUCT(S).
(d) Truistic Solutions DOES NOT GUARANTEE THAT ITS SECURITY
PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION
OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Truistic Solutions
AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID
DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED
OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS',
OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE
Truistic Solutions SERVICE MAY INCLUDE TECHNICAL INACCURACIES,
TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION;
THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH
USE OF THE Truistic Solutions SERVICE, Truistic Solutions SOLUTION,
OR TECHNOLOGY.
(f) Truistic Solutions MAY PROVIDE LINKS TO OTHER WEB
SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE
THAT Truistic Solutions IS NOT RESPONSIBLE FOR THE AVAILABILITY
OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES
NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR
ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS
ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
YOU ALSO AGREE THAT Truistic Solutions SHALL NOT BE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE
OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH
EXTERNAL THIRD-PARTY SITES.
(g) Truistic Solutions makes no warranty, pledge or
guarantee as to the effect of Search Engine Marketing
or Positioning on your business results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed
in accordance with Canadian federal laws, Ontario
Provincial laws and U.S. federal laws, excluding
its conflict-of-law provisions. The application
of the United Nations Convention on Contracts
for the International Sale of Goods is expressly
excluded. Any law or regulation that provides
that the language of a contract shall be construed
against the drafter shall not apply to this Agreement.
You agree to submit to the exclusive jurisdiction
of the federal and provincial courts of the province
of Ontario, which are located in Toronto, ON.
If local laws prohibit your participation in any
part of the Truistic Solutions Service, or use of them,
then you are responsible for complying with such
laws and the terms of this Agreement.
(b) Any and all disputes between you and Truistic Solutions
will be settled by arbitration in Toronto, ON,
in accordance with the provincial regulations
then in force, and you agree that all negotiations,
discussions, and settlements shall be subject
to obligations of confidentiality and shall not
be disclosed to any third party. Have you seen
Neuspeed Canada : Neuspeed Springs, Neuspeed Superchargers,
Neuspeed Exhaust.
(c) If any provision(s) of this Agreement is
held to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to
reflect the intentions of the parties with the
other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and
shall be made either via email or conventional
mail, or by posting such notices on the Truistic Solutions
Service. Truistic Solutions may broadcast notices or
messages through the Truistic Solutions Service to inform
you of changes to this Agreement, the Truistic Solutions
Service, or other matters of importance; such
broadcasts shall constitute notice to you. All
notices to Truistic Solutions from you must be made in
writing via our Customer Care form.
(e) Truistic Solutions's failure to exercise or enforce
any right or provision of this Agreement shall
not constitute a waiver of such right or provision
unless acknowledged and agreed to by Truistic Solutions
in writing.
(f) Except in the event that you purchase any
Truistic Solutions Solution, this Agreement comprises
the entire agreement between you and Truistic Solutions
and supersedes all prior agreements between the
parties regarding the subject matter contained
herein. Should you choose to purchase any Truistic Solutions
Solution, you will be bound by all terms and conditions
relating to the provision of such Truistic Solutions
Solution.
(g) Your membership in the Truistic Solutions Service
and any of your rights hereunder may not be assigned
or transferred to any third party. Truistic Solutions
reserves the right to assign this agreement to
any third party that acquires all or substantially
all of its relevant business or assets.
(h) The section titles in this Agreement are
solely used for the convenience of the parties
and have no legal or contractual significance.
(i) You represent and warrant that you are over
the age of 18 years, have read this Agreement,
and agree to be bound by its terms and conditions. |