TruthForUs.com

Any person who accesses areas of the www.TruthForUs.com website other than this legal statement agrees to and is bound by these Terms of Use.

TruthForUs.com maintains this website (”Site”) for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain any and all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, without the prior written permission of TruthForUs.com You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior written permission of TruthForUs.com , unless otherwise expressly stated in a specific place in the website (such as link art and media kits). Authorized users may download certain graphics and software packages for agreed uses and purposes.

You should assume that everything you see or read on the Site is copyrighted, protected by common law intellectual property rights, or subject to trademark protection, and may not be used except as provided in these Terms or in the text on the Site without the prior written permission of TruthForUs.com, unless otherwise expressly stated in a specific place in the website (such as link art and media kits). For the sake of its beneficiaries, TruthForUs.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

If you do not wish to enter this Site.

If you do not wish to enter this Site and subject yourself to these Terms, but require some other form of assistance regarding this Site, you may forward any questions that you have about this Site or these Terms to:

Consumer Affairs
TruthForUs.com
P. O. Box 30

Daytona Beach, FL 32115-0030
USA

Your access to and use of the Site is also subject to these Terms. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms, and acknowledge that any other prior agreements between you and TruthForUs.com are superseded and have no force or effect.

DMCA Notice.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is TruthForUs.com’s policy not to permit materials known by us to be infringing to remain on the Site. You should notify TruthForUs.com promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact TruthForUs.com at the contact address listed on this page regarding any copyright infringement notices. It is our policy to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Children.

IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE. RIGHT IS RESERVED TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.

We do not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13 except as permitted by law. If you are a minor, you can use this service only in conjunction with your parents or guardians. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe we have received Personally Identifiable Information from or about anyone under the age of 13, please contact us in writing at the Consumer Affairs address above.

Privacy.

As per our posted Privacy Policy. We do assemble for our use a list of site visitors and users. Your access of this site authorizes us if we choose to use cookies and record your email address as a record of your visit. By accepting this Agreement, you expressly consent to our use of your personal information as explained in our Privacy Policy, which is incorporated herein by reference. Our current Privacy Policy is available here.

Matters of Personal Opinion.

Content on this Site is a matter and expression of opinion not fact. No warranty, expressed or implied, is made, and no liability or responsibility is assumed for the accuracy, completeness, or usefulness of any information, product, or process disclosed. Reference herein to any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement or favoring. Names, characters, businesses, places, and incidents are products of opinion and imagination. Any resemblance to actual events, locales, or persons, living or dead, is entirely coincidental.

Accuracy.

While TruthForUs.com uses reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. TruthForUs.com assumes no liability or responsibility for any errors or omissions in the content on the Site.

At Your Risk.

Your browsing and use of the Site is at your risk. Neither TruthForUs.com nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

While we use reasonable efforts to include accurate and up-to-date information on the site, you expressly understand and agree that: Your use of our website is at your sole risk; The site is provided on an “as is” and “as available” basis; We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement; nothing in this Agreement is or will be construed as a warranty or representation by us to you as to the marks. We make no representation or warranty that: the site will meet your requirements; the site will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the site will be accurate or reliable; errors in any software used on the site will be corrected. No advice or information, whether oral or written, obtained by you from us or through or from the site will create any warranty not expressly stated in these Terms. There are no express or implied warranties of merchantability or fitness for a particular purpose. Except as expressly set forth in this Agreement, we make no representations and extends no warranties of any kind, either express or implied. No one is authorized to make any other warranties on behalf of TruthForUs.com , or modify this warranty. We will not be liable for any abnormal usage, use or application for which the goods or service is not intended.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. TruthForUs.com also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.

At no time during or after the term of this Agreement shall TruthForUs.com or Martin C. Boire be liable for: The contents of any communication, message, or other information sent by you or third parties to TruthForUs.com, or posted by you or other third parties on any part of the Site; The contents of any website not controlled, owned, or operated by TruthForUs.com that is accessed from or linked to any part of the Site; Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; Any termination or suspension of your membership subscription as provided in this Agreement, or any consequence thereof; The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other TruthForUs.com services; Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if TruthForUs.com has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, any services or products, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site; Nature of Communication.

Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by TruthForUs.com or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, TruthForUs.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure or transmittal.

Off-Site Links.

TruthForUs.com has not reviewed websites which may from time to time link to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other websites is at your own risk, and subject to the “At Your Risk” paragraph of these Terms.

Revisions.

TruthForUs.com may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current Terms to which you are bound. They may be different on subsequent visits to this Site.

Your Responsibility.

You assume all responsibility for use of the Site. You waive all claims against TruthForUs.com its managers, members, owners, employees, suppliers, retailers, vendors and software programmers that may arise from the utilization of the Site.

You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use TruthForUs.com for lawful purposes only. Further, you agree not to use any facilities or resources available on or through TruthForUs.com to perpetrate prohibited conduct, whether against TruthForUs.com, Martin C. Boire individually, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, unauthorized copying of Submitted Materials, Site Materials or Intellectual Property, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of TruthForUs.com, or other communication that creates a nuisance or is otherwise offensive to the recipient or the TruthForUs.com audience. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person’s name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of TruthForUs.com submit any materials which contains advertising or any solicitation with respect to products or services, including any on-line information services competitive with TruthForUs.com. Site shall have the right, in its sole discretion to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.

Accuracy of Information.

While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither TruthForUs.com nor its information contributors can be held responsible by you for the accuracy of the information. TruthForUs.com makes no express or implied warranty as to the accuracy or merchantability of content or programming.

Software Interference.

You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our website in any way and indemnify us (including attorney’s fees) against same.

Indemnity.

You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Site or breach of these Terms.

Proprietary Matters.

Any trademarks, logos, and service marks displayed on the Site, are registered and unregistered trademarks of their respective owners. Nothing contained on the Site or any contract entered into via the Site or otherwise between us should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark or artwork listed or displayed on the website without the prior written permission of the third party owner of such mark. Your misuse of the trademark, or any content on the Site, except as provided in these Terms of Use , is strictly prohibited.

User Submissions.

Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by you (”Submitted Materials”) are submitted with the express understanding that the Submitted Materials may be used without limitation by TruthForUs.com or any of my affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with TruthForUs.com. You additionally agree that TruthForUs.com is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are conferring to TruthForUs.com a perpetual non-exclusive license to use the Submitted Materials for any and all purposes.

DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.

Legal Notices.

Any legal notices to us by you shall be given only by postal mail to our address stated above. Given the number of persons with which we must communicate, it is our express intent not to incur any expense associated with delivery of physical notices to you. Notice by us for all purposes may be communicated in any electronic form, including without limitation, automated telephone dialers, email, or posting on this website. Use of this website constitutes irrevocable acceptance by you to receive any notices from us by electronic transmission. We may elect, in our sole discretion, to give you written notice by different or additional means. Electronic notice is effective when (a) actually transmitted by electronic mail, if correctly directed to the last known electronic mail address, or (b) posted on the Site or an electronic network that you have consented to consult, or (c) correctly transmitted to you, if by any other form of electronic transmission consented to by you. It is your responsibility to notify us of any change of electronic address, and notice is effective if given to the last known electronic address provided by you whether or not correct and current. Our responsibility is met by sending it to the last known electronic contact point, and we have no duty to investigate should it bounce.

Waiver of Right to Jury Trial.

YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

Arbitration of Disputes.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING AN CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.

Any controversy not settled between us including without limitation those arising out of or relating to this Site, these Terms, goods and services presented herein, subsequent agreements into which we may enter via this site or by other means, shall be determined by binding arbitration conducted in Florida in accordance with the Florida Arbitration Code as amended. These matters shall without limitation include: formation of our agreement under these Terms; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising during or after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms, or the goods and services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms.

The arbitrator shall be a member of the American Arbitration Association and shall be chosen by AAA without input from either party. The arbitrator shall have at least five (5) years experience dealing with licensing matters. The arbitrator may determine the question(s) presented and render a final award. Any action taken, determination made, and award granted by the arbitrator will be binding on the parties and confirmable and enforceable by a court of law. The loser of the Arbitration as decided by the arbitrator shall pay all costs, but not attorney’s fees, and the arbitrator may require these costs to be posted in advance to assure payment. Each party shall bear their own attorney’s fees and costs. The decision and any award will be made in writing within fifteen (15) days from the date of the arbitration hearing. An assignee, successor in interest, or economic beneficiary of these Terms of Use shall also be bound by this arbitration provision, and in the event of lack of a signature confirming assent, the act of acceptance of the benefit of the contract or other act of performance of the contract shall constitute such assent. The arbitration shall be limited. No discovery shall be allowed or depositions taken. All arbitrations shall be limited to a single brief no longer then ten (10) pages in length with half-inch margins and using 12 point Arial font. All assumptions must be taken in favor of TruthForUs.com and Martin C. Boire. The decision and award must be based on the contract. Issues about the scope of the arbitration agreement or about waivers of the arbitration agreement shall be resolved in favor of arbitration. Any ambiguous provisions dealing with arbitration shall be construed in favor of arbitrating disputes arising out of this contract or its performance. These Terms, the Site, and any ambiguity herein or therein shall be interpreted in favor of TruthForUs.com and Martin C. Boire. A hearing shall only be allowed if required by the arbitrator.

Construction.

Regardless that these Terms were initially drafted by us, you and we agree that any ambiguity herein shall not be construed by the parties, arbitrator, or any court against us, because your entry into and use of the Site and them is entirely voluntary, and you could have chosen not to enter the Site and subject yourself to them.

Governing Law and Venue.

This Agreement situs is established in the State of Florida in the United States of America. You and we stipulate that all claims, causes of action at law, equity or tort arising out of these Terms or any agreement incorporating them, your visit to this Site, goods or services contained herein, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of these Terms and any Agreement into which they are incorporated, shall be judged and resolved in accordance with the laws of the State of Florida and applicable federal law and venue for all such matters shall be in the State of Florida, Volusia County. No action or proceeding may be brought in any other jurisdiction.

Entire Agreement.

These Terms constitute the entire agreement between you and TruthForUs.com and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. Other agreements on this site may supplement this agreement. Other agreements entered into between you and us , may incorporate these Terms by reference in which case they apply generally to that agreement and not only to use of this website.

General Matters.

Language of Construction. This Agreement is written in American English, and American English will be the language employed to construe this Agreement and resolve any conflict or unclarity herein. Nothing in this statement is meant to diminish our love, respect ad kinship for our cousins and compatriots in Great Britain, Canada and Australia.

Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms or the substantive content of a paragraph.

Waiver of Default. No waiver by either of us of any default or breach of any term, condition or covenant of this Agreement will be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained in this Agreement. Further, the failure of either of us to exercise rights under this Agreement upon the breach of any of the provisions hereof will not constitute a waiver of such breach or prevent enforcement of strict compliance with any and all terms hereof.

Invalid Provisions. Should any provision of these Terms be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms.

Gender; Plural. The singular includes the plural, and the masculine includes the feminine, wherever necessary to effectuate the intent of this Contract.

Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms. No change or modification of these Terms shall be valid unless the same herein posted on this website, or is set forth in a separate written document signed by a properly qualified representative of TruthForUs.com or Martin C. Boire, and all apparent authority to do so is hereby publicly disavowed.