The www.truecare.com (the “Site”) is owned and operated by TrueCare, LLC (“TrueCare” or “Us” or “We”) in connection with the provision of the TrueCare service (the “Membership”). The Site may be visited and used by consumers and registered members of the Membership (“Members”). Unless otherwise noted, visitors and Members shall be collectively referred to in this Agreement as “You”. By using the Site, You agree to be bound by all of the terms in these Terms & Conditions (the “Agreement”) and, where applicable, all the terms when You became a Member.
TrueCare reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read this Agreement carefully and if You have any questions, or if this Agreement does not conform to your understanding of the Membership, please call our Membership representatives at 1-877-368-6390. In connection with your use of your Membership and Site, TrueCare hereby grants You a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that You comply fully with the provisions of the Agreement.
Membership Benefits. As a Member of TrueCare, You will have access to the Membership as explained in the Membership materials that were sent to You upon enrollment and as further explained on the Site. We reserve the right to modify, enhance, cancel, terminate, establish limits for or otherwise change particular Membership benefits and benefit providers from time to time in our sole discretion without notice.
Membership Term and Renewal. Unless You cancel, your Membership continues automatically on a monthly, bi-monthly, quarterly or annual basis (whichever may be applicable to your particular Membership) with the applicable periodic Member fees automatically billed to the account identified and authorized by You at the time of your enrollment in the Membership.
Cancellation. You may cancel your Membership at anytime to avoid future billing by calling us at 1-877-368-6390, Monday - Friday, 7:30am - 7:00pm CST.
Use of Membership. You must be an active and paid Member to access Membership benefits. Membership is only to be used by You and your authorized household members for the purpose of monitoring the online social networking activities of individuals (including your own children) whom you are permitted by law to monitor. Your Membership is non-transferable and may not be resold or licensed to any other person or entity. You are entirely responsible for updating your registration information to keep it current, accurate and complete, and for maintaining the confidentiality of your Membership password and account information. You will promptly notify us if You become aware of any unauthorized use of your Membership. In the event that an unauthorized person gains access to a password-protected area of this Site as a result of your acts or omissions, You agree that You shall be liable for any unauthorized use. You hereby represent and warrant that You have full legal right and authority to monitor the activities of the individuals You register through the Membership (including the right to use the names and passwords of such individuals) and agree to hold harmless and indemnify TrueCare, its parent, affiliates and subsidiaries and each of their employees, officers and directors and all Membership providers from and against all claims relating to your use, or the unauthorized use, of the Membership. You further represent and warrant that You will not use the Membership for any illegal purpose or purpose not specifically permitted under this Agreement including, but not limited to, searching for or monitoring the activities of other individuals, including children and adults. Doing so is a violation of this Agreement and possibly federal and state law, and will result in your immediate termination at TrueCare's sole discretion.
User Conduct. You are solely responsible for the content and context of any materials you post or submit through this Site. You warrant and agree that while using this Site, you will not post, e-mail, or otherwise make available content that:
A. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
B. is pornographic or depicts a human being engaged in sexual conduct;
C. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
D. impersonates any person or entity, including, but not limited to, a TrueCare employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures);
E. is false, deceptive, misleading, deceitful, misinformed, or constitutes "bait and switch";
F. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
G. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects others' ability to use the Site; or
I. employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Membership.
You further warrant and agree not to: (a) “talk” or otherwise harass anyone; (b) collect personal data about other visitors or Members or any other person for unlawful purposes; or (c) attempt to gain unauthorized access to TrueCare’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.
No Warranty/Limitation of Liability. THIS SITE AND MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. TRUECARE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (“TRUECARE PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR THE MEMBERSHIP OR RELATED INFORMATION PROVIDED TO YOU BY TRUECARE. TRUECARE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MEMBERSHIP AND MATERIALS FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT
YOU FURTHER AGREE THAT TRUECARE HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED BY OR TRANSMITTED THROUGH THE SITE OR MEMBERSHIP.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF TRUECARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TRUECARE PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND MEMBERSHIP. THE TRUECARE PARTIES DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND MEMBERSHIP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.
Indemnification. You agree to indemnify, hold harmless and, at our option, defend TrueCare Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site or Membership, your violation of this Agreement, the unauthorized access to any password-protected area of the Site using your password, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).
Links. The Site may contain links to other Web sites. TrueCare does not control such other Web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such Web sites. TrueCare shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Web sites, including the products, services and materials therein, is solely at your own risk.
Intellectual Property. You hereby agree and acknowledge that as between You and TrueCare, TrueCare owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to TrueCare, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of TrueCare or the owner of the mark, as appropriate, is prohibited.
You further agree and acknowledge that all profile information, text, files, images, photos, video and other materials created by others (“Content”) and posted on, transmitted through or linked from this Site are solely owned by and the sole responsibility of the person from whom such Content originated. TrueCare does not control and is not responsible for Content made available through this Site. You understand that You may be exposed to Content that is offensive, indecent, inaccurate or otherwise objectionable. By posting Content on or through this Site, You hereby grant to us a nonexclusive, fully paid and royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. You represent and warrant that You own or control all applicable rights or You have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content; You have the right to grant the license set forth in this section, and the posting of your Content on or through this Site or its use by us and Site visitors does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by You on or through this Site or our use of the Content in accordance with this license.
Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
Modifications/Termination. TrueCare reserves the right at any time to modify, suspend or permanently discontinue the Site, the Membership or any portion thereof, with or without notice. You hereby agree that TrueCare shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or Membership. If You become dissatisfied with this Site or Membership in any way, your only recourse is to immediately discontinue such use.
Arbitration. All legal issues arising from or related to the use of this Site and the Membership shall be construed in accordance with the laws of the State of Delaware applicable to contracts entered into and wholly to be performed within Delaware. Any controversy or claim arising out of or relating to this Agreement or your use of the Site or the Membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association(“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Delaware and judgment on the arbitration award may be entered into in any state or federal court in Delaware having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of the Membership and this Site and the terms of this Agreement shall be governed exclusively by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, You hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of Delaware.
Third Party Disputes. If there is a dispute between You and any third party, You understand and agree that TrueCare is under no obligation to become involved. In the event that You have a dispute with one or more other third parties, You hereby release TrueCare Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If You are a California resident, You waive California Civil Code Section 1542, which states: “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 his settlement with the debtor.”
Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
Entire Agreement. This Agreement, together with our prior agreement when You enrolled as a Member in TrueCare, constitutes the entire agreement between You and Us relating to the subject matter herein.
. If you have comments on the Site or ideas on how to improve it, please e-mail firstname.lastname@example.org
. Please note that by doing so, You also grant TrueCare permission to use and incorporate your ideas or comments into the Site without compensation.
Customer Service. If You have any questions or concerns about your Membership and the Site, contact us at email@example.com.
Effective Date: June 25, 2010