These Terms of Use (“Terms”) set forth the terms and conditions that apply to your use of the Trugamer website (the “Site”) and any and all affiliated websites (collectively, “Services”). By using the Services, you agree that you have read, understand and agree to be legally bound by these Terms.
By using or accessing the Services, you agree to these Terms, whether you are a registered user or not. If you do not agree to these Terms, please do not use the Services. These Terms shall remain in full force and effect so long as you are a user of the Services, and you may still be bound by certain obligations even after your use of the Services terminates. The Services and the Site are not designed or intended for use by people who are under 18, and thus all users must be at least 18 years of age.
Trugamer, in its sole discretion, may change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes.
2. Permitted Use
The Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Trugamer, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use.
You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Trugamer’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
3. Registration, Accounts and Passwords
If you register an account on the Site, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You are solely responsible for maintaining the confidentiality of your username, password and other account information, and you are solely responsible for all use of your username, password or other account information, whether authorized by you or not.
You agree to (a) immediately notify Trugamer of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Trugamer may terminate your membership and access to the Services if we learn that you have provided false or misleading registration data.
We may use the email address you provide to us to send you Site and Services messages and updates. By becoming a user of the Site, you are consenting to the receipt of these communications. Trugamer may terminate your account for violation of these Terms, or any behavior that is harmful to other users, third parties, or the business interests of Trugamer. You may not create another account if we suspend or terminate your account without our express written permission.
4. User Content
Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You are responsible for all User Content that you post on or transmit through the Site and the consequences related thereto.
By providing User Content via the Site, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Trugamer and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms.
- Your User Content does not and will not: infringe, violate, or misappropriate any third-party right; slander, defame, libel, or invade the right of privacy or publicity of any other person; contain any personal identifying information of any other person; or cause Trugamer to violate any law or regulation.
- Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
5. License to User Content
By posting, displaying, uploading, or providing User Content to the Site, you hereby grant Trugamer a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
6. Screening of User Content & Third-Party Links
Trugamer does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. Trugamer reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice.
The Site may contain links to third-party websites and online services that are not owned or controlled by Trugamer. Trugamer has no control over, and assumes no responsibility for, such websites and online services. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.
7. Acceptable Use
You are responsible for your use of the Site. We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
- Violate any law or regulation.
- Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights.
- Post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
- Submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising, spam, promotional materials, junk mail, chain letters, or any other form of solicitation.
- Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site.
- Transmit any viruses, malicious code, or other means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
- Disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way.
- Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.
- Attempt to circumvent any technological measure implemented by us, our providers, or any other third party to protect or restrict access to the Site.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site.
8. Termination
These Terms constitute an agreement that is effective unless and until terminated by Trugamer. Trugamer may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account at any time by contacting Trugamer customer service. Upon termination of these Terms: (a) you must immediately cease use of the Site; (b) you will no longer be authorized to access your account or the Site; and (c) all provisions of these Terms which are by their nature intended to survive termination shall survive termination.
9. Disclaimer; Limitation of Liability & Indemnity
This Site, all contents, and all services made available through the Site are provided on an “as is” basis. Trugamer disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Trugamer does not warrant that your use of this Site will be uninterrupted or error-free, or that this Site or its server are free of viruses or other harmful elements.
Your use of the Site is at your own risk. Neither Trugamer or any related entities or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Site or Services, or any information or materials provided on the Site.
You agree to indemnify, defend and hold harmless Trugamer and its affiliates, and their respective shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of these Terms or any activity related to your account.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable, our aggregate liability for all claims shall not exceed the amount paid by you to Trugamer through the Site during the prior six (6) months.
10. Applicable Law and Venue
The law applicable to the interpretation and construction of these Terms shall be the laws of the State of Nevada, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Nevada. You and Trugamer consent to the jurisdiction of the federal or state courts of Clark County, Nevada.
You and Trugamer agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11. Additional Terms
Please review our other terms and policies posted on the Site, including the Privacy Policy (“Additional Terms”). The Additional Terms also govern your use of the Site and are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and Trugamer relating to the subject matter addressed herein.
We reserve the right to modify, suspend, or discontinue the Site and any service, content, or features offered through the Site at any time, without notice to you. You may not assign or transfer these Terms or your rights under these Terms without Trugamer’s prior written consent. You agree that communications and transactions between us may be conducted electronically.
12. Notice to California Users
Pursuant to California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at Consumer Information Center, 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, by telephone at (800) 952-5210, or online at dca.ca.gov.