Privacy Policy

Updated 08/05/13

TRUE Partners, LLC ( "TRUE," "we" or "our") value your privacy and are committed to protecting your personal information. We are providing this Privacy Policy ("Policy") to inform you of our policies and procedures regarding the collection, use and disclosure of information related to our TRUE Application (the "Service" or "Application"). By visiting our TRUE website (the "Site"), or using the Service, you agree that your personal information will be handled as described in this Policy, which is incorporated by reference into the TRUE Terms of Service, available here. Note that this Policy may be modified from time to time in our sole discretion, so check back frequently. We will notify you of any changes to the Policy by posting a new Policy and updating the "last modified" date at the top of this page.

HOW WE COLLECT INFORMATION

We collect information in the following two ways:

  • We collect information that you voluntarily provide to become a registered user of our Service, and when you use certain aspects of our Service.
  • We collect information when you log into an account that you already have with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook and Twitter) via our Service.

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?

The information we collect from you allows you to log into our Site and use our Service. We also use this information to personalize and continually improve our Site and Service.

Personal Information. When you register with us through the Service to become a registered User, we will ask you for certain information about you that can be used to contact or identify you ("Personal Information"). Personal Information may include, but is not limited to,

  1. Your name
  2. Your email address and your desired password
  3. Your subscription preferences (whether and what types of information you would like us to send you)

We use your Personal Information to provide the Service and enhance the experience of using the Application. For example:

  1. Account registration. We create your User account for your use of the Service based upon the Personal Information you provide.
  2. Communications. We use your Personal Information to contact you with TRUE newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your account settings.
  3. Customer service. We use your Personal Information to respond to your questions or inquiries.
  4. Emailing via a TRUE Account. As part of the Service, TRUE Users may communicate with other registered and non-registered Users through use of their TRUE accounts.

HOW DO WE USE YOUR INFORMATION?

We use the information that we gather about you for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services and for other customer service purposes
  • To provide information that you have requested to receive from us in response to your opt-in requests
  • To tailor the content and information that we may send or display to you, and to otherwise personalize your experiences while using our Site or our Service
  • To improve our Site and Service by providing personalized experiences, personalized help and instructions
  • For research purposes
  • For marketing and advertising purposes; for example, we may use your information to display targeted advertisements to you on our Site and to assist us in advertising our Services on third party websites
  • To send you email, news and newsletters, special offers, and promotions
  • To better understand how users access and use our Site and Service, both on an aggregated and individualized basis

WHEN AND HOW DO WE SHARE YOUR INFORMATION?

We may share your information, including personally identifiable information, with other TRUE users and non-affiliated third parties.

  1. Users of Application. Your user name and any information that you share using our Application, including without limitation email address and text, will be available to those contacts with whom you share content.
  2. Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, these providers may help us administer or maintain our Site and Application. These third parties have agreed to maintain the confidentiality, security and integrity of information, and to only use such information for the purposes for which they have been engaged by us.
  3. Business Transfers. We may transfer the information we have collected from you in the event we sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.
  4. In Response to Legal Process. We, in our sole discretion, may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process, such as in response to a subpoena.
  5. To Protect Active and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Policy.
  6. Aggregate and Non-identifying Information. We may share aggregate or non-identifying information about users with third parties for marketing, advertising, research or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.
  7. Site Analytics. We work with third party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Site. For example, we use a variety of third party web analytics, to help us improve our Site's performance and user experience.
  8. Application Analytics. We work with third party service providers who use the technologies described in this section to conduct app analytics to help us track and understand how visitors use our Service. For example, we use a variety of third party app analytics, to help us improve our Service's performance and user experience.
  9. User Generated Content. As stated above, any information that you share using our Application may be viewable by other users. TRUE is not responsible for the privacy of any information that you choose to share using our Service, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law or your personal privacy.

THIRD-PARTY LINKS

At times, our Sites and Applications may contain links to other third party websites. Any access to and use of such linked websites is not governed by this Policy, but, instead, is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.

CAN I ACCESS AND MODIFY MY PERSONAL INFORMATION?

You may modify any account information that you have submitted by logging into your account and updating your information. You may also cancel your account if you like. Please note that copies of information that you have updated, modified or deleted may continue to reside in our systems for a period of time. We may retain an archived copy of your records as required by law or for legitimate business purposes.

WHAT CHOICES DO I HAVE?

Email Communication. We may send you emails from time-to-time. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your account settings.

HOW SECURE IS INFORMATION ABOUT ME?

We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, and SSL to protect our Site and the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.

You should take steps to protect against unauthorized access to your password, computer, and web-enabled devices, among other things, by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, and keeping your password private. You should never share your log-in information with others. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.

CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES

If you are located outside of the United States, please note that information we collect will be transferred to and processed in the United States. By using our Sites and Applications, you consent to the transfer and processing of your information in the United States, which does not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary. If, however, you do not consent, then we may not be able to provide you with our Services.

CHILDREN UNDER 13

Our Site and Application are not designed for children under 13. Only those persons age 13 or older may create an account with us. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at someone@wearetrue.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Terms of Service

Updated 08/05/13

Please carefully read these Terms of Service ("Terms") and email us at someone@wearetrue.com if you have any questions. By accessing or using the Service or downloading the Application, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service ("Users"). Please carefully and thoroughly read these terms and conditions as they make up the Terms of Service Agreement ("Agreement") which is a legal, binding agreement between you and TRUE.

CHANGES TO TERMS

This Agreement may be updated by TRUE from time to time. TRUE expressly reserves the right to make any changes to this Agreement, or to the Site and its content, or the Service at any time without prior notice to you. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement as it currently exists and as it is revised. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and Service.

ACCESS AND REGISTRATION

In consideration of your use of the Site and Services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to TRUE in connection with your access to and use of the Site and Services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times.

When you complete the registration process, you will create a password. You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account. You agree to immediately notify TRUE of any unauthorized use of your registration. You agree that TRUE cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. TRUE makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access to the Services are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, you also give your child permission to access to the Site, including email, and other registration related information. Please remember that the Site and Services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Site areas and/or content are appropriate for your child.

We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Service or access to the Site, or any portion or features of this Site and Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and Services in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us. Our Services are not available to any temporarily or indefinitely suspended TRUE users.

USER SUBMISSIONS, CONTENT AND LICENSE TO USE

TRUE will provide interactive areas in the Application in which users may transmit communications and share items. You understand that all information (including your member name or user name), data, text or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who posted or transmitted the Content. This means that you, and not TRUE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TRUE does not control the Content shared via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TRUE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content shared, emailed, transmitted or otherwise made available via the TRUE Service.

TRUE does not claim ownership of any Content submitted, shared or transmitted by you in the Application.

USE OF THE SERVICE

Subject only to the limited right to access and use the Site and Service expressly granted to you under this Agreement, all rights, title and interest in and to the Site and Service and its components shall remain with and belong exclusively to TRUE. You shall not modify, adapt, reverse engineer or hack the Site or Service or falsely imply any association with TRUE, or otherwise attempt to gain unauthorized access to the Site or Service or its related systems or networks. Except as expressly authorized by TRUE in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site or its Service.

By way of example and not limitation, you agree that you shall not and + you shall not use the Service to: intentionally or unintentionally violate any local, state, federal or international law, rule or regulation + harm, stalk, harass or intimidate another person, or any minors, in any way + upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable + falsely state or otherwise misrepresent your affiliation with a person or entity or impersonate any person or entity + upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell + transmit unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail" and "chain letters") + make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party + access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access + collect, store or sell personal data about other users + attempt to probe, scan or test the vulnerability of the Site or Service or any associated system or network; breach security or authentication measures without proper authorization; interfere with or disrupt the Service or servers or networks connected to the Site; or disobey any requirements, procedures, policies or regulations of networks connected to the Site + attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by TRUE or used by TRUE in providing the Service + upload any viruses, Trojan horses, worms, time bombs, malware, bots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information + create liability for TRUE or cause TRUE to lose (in whole or in part) the services of our ISPs or other suppliers + link directly or indirectly to any materials to which you do not have a right to link to or include.

TRUE reserves the right to delete from the Site any Content, postings or member names that violate this Agreement and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with TRUE. You acknowledge that TRUE may or may not pre-screen Content, but that TRUE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, TRUE and its agents shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

CONSENTS

Before continuing to access and use the Site and Service, you must obtain all required consents and approvals from any third parties who may be affected by, or may need to consent to, your access to, posting to and use of the Site and Services, whether such consents and approvals are required by this Agreement, law or otherwise.

MESSAGES

TRUE may, from time to time, send e-mail, instant messages and social media feeds ("Messages") to you containing event updates, announcements, advertisements, promotions, etc. TRUE makes no representation or warranty with respect to the content of any such Messages or any events, goods or services which may be obtained from or provided by such third parties, and you agree that TRUE shall have no liability with respect thereto. You further agree to receive certain periodic communications from TRUE such as newsletters, messages, and announcements, and that these communications are considered part of your access to the Site and Services and that you may not be able to opt out of receiving such communications in every instance. You can manage the message settings your User Account settings on the Site.

PRIVACY POLICY

Information that you provide or that we collect about you through your access to and use of this Site and Service is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, scroll to the top of this page.

CONSENT TO DISCLOSURE

You acknowledge and agree that TRUE may disclose your account information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: comply with a judicial proceeding, a court order or legal process; enforce this Agreement; respond to claims that you violated the rights of third parties; protect the rights, property or personal safety of TRUE, its employees, users and the public; or enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. TRUE also may disclose any information about you to law enforcement or other government officials as TRUE, in its sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other illegal activity or that TRUE believes may expose it or you to legal liability.

FEES AND PAYMENTS

Use of selected features of the Service is free. TRUE may charge fees for various premium features and services, and will notify you of those charges at the time that it offers you the premium features or services for a fee. TRUE may, in its sole discretion, and by notifying you on the Site, change this policy and begin charging for access to the Site and other features and services, and may, at any time, add, remove or change the features and services or the fees (including the amount or the type of fees). If TRUE introduces a new service or charges a new fee, TRUE will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If TRUE notifies you of new fees or changes the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. TRUE is not responsible for any charges or expenses you incur resulting from being billed in accordance with this Agreement.

ARCHIVE, CANCELLATION AND TERMINATION

You are responsible for properly canceling your account. You can cancel your Service at any time by contacting someone@wearetrue.com. There are no other means of canceling your account.

TRUE reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account or use of the Service for any reason, including if TRUE believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities and you release TRUE from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall TRUE be liable to you or any third party for any modification, suspension or discontinuation of the Service.

MAINTENANCE

TRUE may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions. TRUE shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless TRUE from and against any and all claims, costs (including attorney's fees), injuries, losses or damages arising in connection with such interruption.

PROPRIETARY CONTENT

TRUE respects the intellectual property rights of others and expects you to do the same. TRUE has expended substantial time, effort and resources to create the Site and to develop and provide the technology, products and Services that are available through the Site. You understand and agree that TRUE owns or (where required, appropriate or applicable) has licensed from third parties the rights to use all right, title and interest in and to the Site, technology and Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the "Content"). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site, Service and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, common law and registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of TRUE and its licensors.

COMPLIANCE WITH LAW

In connection with your access to and use of the Site and Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.

LINKED SITES

For your convenience, certain hyperlinks may be provided on the Site which link to other web sites that are not under the control of TRUE. TRUE does not sponsor or endorse such web sites and is not responsible for the accuracy, content or any aspect thereof. TRUE disclaims all liability for such web sites, and for any use of the links to such web sites or use of such web sites themselves. TRUE also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other web sites, and the offer or purchase of products or services on or through such other web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against TRUE arising from or based on your use of, or the offer or purchase of products or services on or through, such other web sites.

DISCLAIMER

Although TRUE strives to make this Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and Service are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Organization, may desire to use them; and (ii) free of viruses and other destructive routines. ALL CONENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. TRUE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. TRUE DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR ORGANIZATION, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL TRUE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE "TRUE ASSOCIATES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST, LOSS, LIABILITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSS (EVEN IF TRUE ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING FROM OR IN CONNECTION WITH THE SITE, SERVICES, THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE, THE INABILITY TO USE THE SITE OR SERVICES, IN CONNECTION WITH ANY THIRD PARTY TRANSACTIONS OR ARISING OUT OF OR IN CONNECTION WITH YOUR TRANSPORTATION, ATTENDANCE, PARTICIPATION OR EXCLUSION FROM ANY SPORTING EVENT ORGANIZED THROUGH THE SITE. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE TRUE ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT TRUE ASSOCIATES MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL BE LIMITED OT THE GREATER OF THE AMOUNT OF FEES, IF ANY, YOU PAY TRUE IN THE PREVIOUS 12 MONTHS OR $100.

INDEMNIFICATION

You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the TRUE Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim you may now or later have due to or arising out of your access to and use of the Content, the Site, Social Media Sites, and Services, to any other websites accessed from or affiliated with the Site, any products purchased off the Site or websites linked to the Site, your violation of this Agreement, the Privacy Policy or any violation of any rights of another, including infringement of the intellectual property rights of TRUE or third parties. TRUE reserves, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.

Without limiting the foregoing, to the maximum extent permitted by law, you waive all rights you and User Parties may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor."

MISCELLANEOUS

This Agreement and the TRUE Privacy Policy referenced herein (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Site and Service available on or through the Site. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of TRUE's copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and TRUE. TRUE may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of TRUE. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and TRUE a partner, agent or joint venture of each other.

APPLICABLE LAW AND CONSENT TO JURISDICTION

This Site was created and is presently maintained, located and controlled by TRUE in the State of Arizona. This Agreement shall be governed by and construed under the law of the State of Arizona, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Maricopa County in the State of Arizona for the purpose of resolving any dispute relating to this Agreement, your access to or use of this Site or the Service. Any legal action arising out of or related to this Agreement and your access to and use of this Site or the Service must be commenced within one year after the cause of action arose or it will be forever barred.

QUESTIONS REGARDING TERMS

Please contact us with any questions regarding this Site, the Service or this Agreement by e-mail at someone@wearetrue.com.