PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS IN THE LOWER PART OF THIS DOCUMENT.
TrueSelf hereby grants to you, subject to the terms and conditions of the Terms, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Services solely for your personal, noncommercial use, subject to the limitations set forth below. TrueSelf reserves all rights not expressly granted in these Terms.
Except as specifically permitted herein or expressly authorized in writing by TrueSelf, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; (b) transmit, adapt, create derivative works of, translate, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (c) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (d) use any means to discover the trade secrets in the Services; or (e) otherwise circumvent any functionality that controls access to or otherwise protects the Services.
INTELLECTUAL PROPERTY RIGHTS
“TrueSelf,” and other Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of TrueSelf or its licensor’s in the U.S. and/or other countries (collectively, the “Marks”). The TrueSelf Marks may not be used in connection with any product or service without the prior written consent of TrueSelf. You may not use the TrueSelf Marks in connection with any product or service in any manner that is likely to cause confusion or create the impression that TrueSelf endorses any product or service.
TrueSelf may suspend or terminate your use of the Services at any time, including for conduct violating these Terms. Upon any such termination, you shall destroy all content obtained from the Services and all copies thereof. All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Services, including provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE
The Services and their content are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.
ANY USE OF THE SERVICES, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. ALL CONTENT CONTAINED WITHIN THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUESELF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
TRUESELF makes no warranty as to the accuracy, usefulness, currency, completeness or availability of any information transmitted or made available via this Website, and shall not be responsible or liable for any error or omissions in that information. You are responsible for verifying any information before relying on it. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TRUESELF OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS HAVE ANY LIABILITY IN CONNECTION WITH THE SERVICES OR ANY INFORMATION PRESENTED IN THE SERVICES FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH TRUESELF IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TRUESELF’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE SERVICES IS LIMITED TO FIFTY DOLLARS ($50).
GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS
These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Services. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for TrueSelf’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with TrueSelf and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within 30 days of the day you first access or use the Services.
If you intend to seek arbitration you must first send written notice to TrueSelf’s Customer Service Department at email@example.com of your intent to arbitrate (“Notice”). The Notice to TrueSelf should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org or (ii) sending the Notice by U.S. Postal Service certified mail to TrueSelf, 2066 N Capitol Ave
San Jose, California 95132
Attention: Max Marmer. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or TrueSelf may elect to have the dispute resolved through non-appearance-based arbitration.
USE OUTSIDE OF THE UNITED STATES
TrueSelf controls and operates the Services in the United States. TrueSelf makes no representation that contents in the Services may be downloaded, viewed or are appropriate for use outside the United States. If you access or otherwise use the Services or its content 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.
San Jose, California 95132
Attention: Max Marmer. Such notices will be deemed delivered upon receipt.
If you breach any term of these Terms or other agreement with TrueSelf, TrueSelf may pursue any legal or equitable remedy available. Failure of TrueSelf to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with TrueSelf’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Services are responsible for compliance with all applicable regulations and laws.