LAST UPDATED 3/22/21
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE. BY USING AND ACCESSING THE SITE (OTHER THAN TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT), YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS BELOW. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.THE SITE IS NOT DIRECTED TO INDIVIDUALS UNDER THEAGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE SITE UNLESS AS PERMITTED BY APPLICABLE STATE LAW.
We own all right, title, and interest in and to the True Marker content posted on the Site or otherwise made available through our services, including, without limitation, the text, images, marks, templates, software, code, proprietary methods and systems (the “Content”). We grant you a limited, non-exclusive, revocable, royalty-free, non-transferable right to access the Content and use the Services available on the Site; provided that such access and use must be consistent with the terms of this Agreement and the terms of any other services agreement between you and True Marker in effect from time to time.
3. OWNERSHIP; INFRINGEMENT
The Content used to provide the Site or Services are (1) copyrighted by True Marker and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by True Marker or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Content and your use must at all times comply with any additional restrictions in any other services agreements you may enter into with True Marker.
Any person or entity who or which believes that his, her or its intellectual property has been copied and posted via the Site in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Any notice regarding an alleged infringement should be directed to firstname.lastname@example.org.
4. RULES FOR USING THE SITE
All Content we make available through the Site is provided solely for your personal use and is not for commercial exploitation, unless authorized in this Agreement or otherwise in writing between you and True Marker. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, transfer or create derivative works from the Content on the Site. Nor may you use any network monitoring or discovery software to determine the Site’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, perform or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. You may not use or otherwise export or re-export the Site or any portion thereof, or any software available on or through the Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site is expressly prohibited. True Marker does not authorize the harvesting or collection of names or addresses from the Site for the purpose of sending unsolicited e-mail or for any other purpose. You may not use the Site in any jurisdiction that does not give effect and enforcement to all provisions of this Agreement.
Without limiting the generality of the above, regardless of intent you may not: use the Site in any manner that could damage, disable, overburden or impair the Site or any server or other hardware associated with the Site; interfere with any other party’s use and enjoyment of the Site; frame or otherwise display content from a source other than the Site in conjunction with Content; circumvent any technological measure used by True Marker to control access to or use of the Site; use the Site in any manner to deceive, defraud, or mislead any person; use the Site to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; use any True Marker -owned mark or product name as a meta-tag or other ‘hidden text’ for search engines.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site provided such link does not portray True Marker or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; provided further that the linking site does not contain any offensive adult or illegal material or any material that, in True Marker’s sole determination, is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the True Marker logo or other proprietary graphic of True Marker to link to the Site without True Marker’s written consent. Further, you may not use, frame or utilize framing techniques to enclose any True Marker trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without True Marker 's consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of True Marker or any third party based on your use and access to the Site as permitted hereunder.
5. CHANGES TO THIS AGREEMENT
We reserve the right to change the terms and conditions of this Agreement at any time, and will notify you of any material change to this Agreement by means of a posting on the Site or other electronic communication to you which notice will also indicate the effective date of the posted changes. Updated versions of this Agreement will appear on the Site and are effective immediately. Your continued use of the Site or associated services following the effective date of a change to this Agreement signifies your acceptance of and agreement to the terms and conditions of the revised Agreement. True Marker also encourages you to regularly review this Agreement so that you remain updated as to any changes. True Marker will indicate that changes have been made hereto by providing a “Last Updated” date at the top of this Agreement.
6. PRIVACY AND YOUR ACCOUNT
7. NO PERFORMANCE WARRANTY; GEOGRAPHIC RESTRICTIONS
Your use of the Site, access to information on the Site, and access to other websites and materials linked from the Site is done at your own risk. We do not represent, warrant or guarantee (a) the accuracy, reliability, completeness, adequacy or currency of the information contained in, provided by, or linked to on the Site, (b) that the Site will be error-free, free of viruses or other harmful components, (c) that known defects will be corrected, or (d) that the Site will always be accessible. We may make improvements and/or changes to the Site and its features, functionality or content thereof at any time in our discretion. True Marker makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
9. THIRD PARTY CONTENT
Third party content, messages and services may appear on the Site or may be accessible through links from the Site. True Marker is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from the Site. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, True Marker.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUE MARKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE,ACCURACY OF DATA AND SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, TRUE MARKER SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS,INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OFOR ANY WAY RELATED TO (A) ANY THIRD PARTY WEBSITES (OR MOBILE APPLICATIONS,LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY ERRORS IN OR OMISSIONS THEREFROM,(B) THE UNAVAILABILITY OF THE SITE, OR ANY PORTION THEREOF, (C) YOUR USE OF THE SITE AND ANY SERVICES OFFERED ON THE SITE (D) ANY USER SUBMISSIONS, AND (E)YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE. TRUE MARKER FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF ANY DATA STORED ON ORBY MEANS OF THE SITE, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES AS A RESULT OF THE LOSS OF DATA OR ANY OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. TRUE MARKER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS AND FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, ERROR OR DELAY FREE, SECURE, OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS ORTHAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUE MARKER OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN TRUE MARKER SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
11. LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH ANY PORTION OFTHIS SITE OR ANY SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRUE MARKER IS TO DISCONTINUE YOUR USE OF THE SITE. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TRUE MARKER OR AND ITS OWNERS, OFFICERS,DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS SHALL NOTBE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR ANY SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. INCLUDING, WITHOUT LIMITATION,ATTORNEYS’ FEES AND/OR EXPENSES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TRUE MARKER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US $100.00.FURTHER, TRUE MARKER SHALL NOT BE LIABLE IN ANY INSTANCE WHATSOEVER FOR ACTIONS BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND SOLICITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRUE MARKER TRUE MARKER WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS AND USE OF THE SITE ANDITS SERVICES WITHOUT SUCH LIMITATIONS.
12. REMEDIES FOR VIOLATIONS
We reserve the right to seek any and all remedies available at law and/or in equity for violations of this Agreement, including without limitation the right to block access to the Site from a particular Internet address or phone number. Our remedies shall be cumulative and the availability to us of any remedy or our exercise or enforcement of any right shall not limit or preclude the availability to us of any other remedy or our exercise or enforcement of any other right.
13. GOVERNING LAW
This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State ofTexas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state and federal courts located in Harris County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
14. ENTIRE AGREEMENT
This Agreement, together with the PrivacyPolicy, constitutes the entire agreement of the parties (you and True Marker)with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between True Marker and you regarding such subject matter.
If any portion of this Agreement is adjudicated to be invalid, illegal or unenforceable, such provision will be deemed to be deleted, but the validity, legality, and enforceability of the remaining portions of this Agreement will not in any way be affected or impaired, and this Agreement will be enforceable as so modified. Failure of True Marker to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
True Marker has the unlimited right to terminate or limit your access to the Site at any time and for any reason and without notice. In the event of termination, you are no longer authorized to access or use the Site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive. YOU AGREE THAT TRUE MARKER WILL NOT BE LIABLE TOYOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS OR USE OF THE SITE OR SERVICES. In any event, all of True Marker’s rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of its affiliates, and its affiliates’ directors, officers, employees, contractors, representatives and agents, licensees and licensors) shall survive any termination of this Agreement.
17. NO CONSTRUCTION AGAINST DRAFTER
The terms of this Agreement shall not be construed against True Marker by virtue of its having drafted them.
18. NO IMPLIED THIRD PARTY BENEFICIARIES
Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
True Marker may assign this Agreement and and/or its rights and/or obligations under this Agreement (in whole or in part) without restriction and without notice to you. This Agreement shall inure to the benefit of, and may be enforced by, True Marker’s respective permitted successors and assigns.
20. FORCE MAJEURE
True Marker's performance under this Agreement are not subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
21. CONSENT TO ELECTRONIC COMMUNICATIONS
True Marker will generally communicate with you by electronic means, such as e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
22. CONTACT US
You can contact True Marker at email@example.com.