This Agreement was last revised on January 5, 2010.
Important: you are concluding a legally binding agreement.
Welcome to TrueInsider.com, a website (“Website”) owned and operated by TrueInsider, Inc. (“TrueInsider”, “we” or “us”). By accessing, viewing, downloading or otherwise using any webpage or feature available through the Website, any information provided as part of the services offered through the Website, or any related emails, newsletters or services (hereinafter collectively the “Services”), you conclude a legally binding agreement with TrueInsider based on the terms and conditions of this Terms of Use Agreement (“Agreement”) and become a TrueInsider user (“User”). “User” refers both to anyone who has registered for the Services (a “Member”) and anyone who has accessed or used the Services but has not registered (a “Visitor”).
By becoming a User, you represent and warrant that you have read, understood, and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not access, view, download or otherwise use any webpage, feature, information or services available through the Website. Please exit immediately.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not access or use (or continue to access or use) the Services.
By accessing the Website, you consent to the collection and use of certain information about you, as specified in our Privacy Policy, which is incorporated into this Agreement by this reference. TrueInsider encourages you to frequently check the Privacy Policy for changes. By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the Privacy Policy.
1. Your TrueInsider Account
In order to access or use many of the Services, you must submit certain registration information and create a TrueInsider account (“Account”).
1.1 Eligibility. By accessing or using the Services, you represent and warrant that: (a) you are thirteen (13) years of age or older upon registration; (b) you have not been previously suspended or removed from the Website; (c) all registration information you submit is truthful and accurate; (d) you will maintain the accuracy of all registration information; and (e) your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. Any Account you have created by registering for the Services may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate, including without limitation if we believe that you are under 13 years of age. If you are under 18 years of age you may use the Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
1.2 Password. When you register for the Services, you will be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another Member at any time. You agree to notify us immediately at customerservice@trueinsider.com if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
1.3 Alias. When you register for the Services, you will also be asked to choose a unique alias. This alias represents your public identity on the Website. To protect your privacy, you should choose an alias that does not reveal your identity. You are solely responsible for maintaining the confidentiality of your alias and protecting your real identity. You agree that you will not do anything that will compromise or reveal the identity of any other Member.
1.4 Term and Termination. This Agreement shall remain in full force and effect (a) while you are using the Services, if you are a Visitor; and (b) for the duration of your membership, if you are a Member. You may delete your Account and end your membership at any time, for any or no reason by sending your request to customerservice@trueinsider.com. Please note that even if you delete your Account but continue to use the Services as a Visitor, your use of the Services is still subject to this Agreement. Unless TrueInsider has terminated your Account, you can start a new membership by registering again for the Services. You agree that TrueInsider may, without prior notice, terminate your membership and/or limit your access to or suspend your Account for any or no reason at any time by ceasing to provide the Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
2. Proprietary Rights in Content on TrueInsider
2.1 With respect to any text, files, images, photos, works of authorship, information, or any other materials, including any discussions, reviews, questions, answers, status updates, comments, opinions or messages (collectively, “Content”) that you upload, transmit, submit, display or publish (“post”) through the Services, while you retain any and all of your lawfully owned rights therein, you hereby grant TrueInsider a royalty-free, perpetual, irrevocable, worldwide transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works.
2.2 You represent and warrant that you own the Content posted by you through the Services, or otherwise have the right to grant the license set forth in this Section 2. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you through the Services.
2.3 The Services contain Content of TrueInsider (“TrueInsider Content”). TrueInsider Content is protected by copyright, trademark, patent, trade secret and other laws, and TrueInsider owns and retains all rights in the TrueInsider Content and the Services. TrueInsider hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TrueInsider Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
2.4 The Services contain Content of Members and other TrueInsider licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Services.
2.5 TrueInsider reserves the right to limit the storage capacity of Content that you post on or through the TrueInsider Services.
3. Content Posted
3.1 Please choose carefully the information that you post on or through the Services and that you provide to other Users. Your posts may not include any form of Prohibited Content, as outlined in Section 4 below. Despite this prohibition, Content posted by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TrueInsider assumes no responsibility or liability for this material.
3.2 TrueInsider may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of TrueInsider violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. TrueInsider assumes no responsibility for monitoring the Services for inappropriate Content or conduct, and you understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable. If at any time TrueInsider chooses, in its sole discretion, to monitor the Services, TrueInsider nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.
3.3 TrueInsider may display Content in the form of company data or other company information on the Website (“Company Data”), and may invite Users to submit or edit this information. TrueInsider assumes no responsibility regarding the accuracy of Company Data and use of such information is at your own risk. Company Data may be out-of-date or inaccurate and Users may make mistakes when submitting Company Data. TrueInsider shall not be responsible for any failure to remove, or delay in removing, Company Data that is inaccurate or otherwise objectionable. Company Data is continually amended and updated by TrueInsider, and TrueInsider has no responsibility for the deletion or failure to store or display any Company Data that is submitted by Users.
3.4 You are solely responsible for the Content that you post on or through any of the Services. Please make sure that you only post Content on or through the Services that you are allowed to post without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law. Please note that any Content you provide may be accessible, or become accessible, by every User of the Services.
3.5 You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
4. Prohibited Content/Activity
The following Content are examples of Content that is illegal or prohibited to post on or through the Services. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of TrueInsider:
4.1 is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.2 is unlawful, harmful, threatening, abusive, tortious, sexually explicit, pornographic, obscene, vulgar, profane, inflammatory, violent, defamatory, libelous, hateful, or otherwise objectionable;
4.3 bullies, harasses or advocates bullying, harassment or stalking of another person;
4.4 exploits people in a sexual or violent manner, solicits personal information from anyone under 18, or is harmful to minors in any way;
4.5 publicly posts information that poses or creates a privacy or security risk to any person;
4.6 contains any information that is false or misleading;
4.7 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, videos or movies, or links to pirated music, videos or movies;
4.8 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming”;
4.9 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or other harmful code;
4.11 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
4.12 except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.13 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
4.14 violates any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers.
The following are examples of activity that is illegal or prohibited on the Website and through your use of the Services. Prohibited activity includes, but is not limited to:
4.15 circumventing or modifying any security technology or software that is part of the Services;
4.16 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4.17 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Services other than your Content which you legally post on or through the Services;
4.18 providing or using “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify other Users’ views, actions or other activities on the Services;
4.19 covering or obscuring the advertisements and/or safety features (e.g., report abuse features) on any TrueInsider page via HTML/CSS or any other means;
4.20 any automated use of the system, such as, but not limited to, using scripts to post comments, messages, updates or blogs;
4.21 interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
4.22 impersonating or attempting to impersonate TrueInsider or a TrueInsider employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
4.23 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your Account;
4.24 selling or otherwise transferring your Account or your email address;
4.25 using or distributing any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
4.26 posting any unauthorized commercial advertising material, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person, such as posting links to e-commerce sites or posting other Content with a commercial purpose;
4.27 relaying email from a third party’s mail servers without the permission of that third party;
4.28 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Website for the purposes of sending unsolicited or unauthorized material;
4.29 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
4.30 using the Services in a manner inconsistent with any and all applicable law.
TrueInsider reserves the right to investigate and take appropriate legal action against anyone who, in TrueInsider’s sole discretion, violates the provisions of this Section 4, including, without limitation, removing the offending Content from the Website, terminating the Account of such violators and/or reporting such Content or activity to law enforcement authorities.
5. Protecting Copyrights and Other Intellectual Property
TrueInsider respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is TrueInsider’s policy to terminate, in appropriate circumstances, the Account of repeat infringers.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send TrueInsider’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. TrueInsider’s Copyright Agent for notification of claimed infringement can be reached as follows: TrueInsider, Inc., 235 Alma Street, Palo Alto, CA 94301, Attn: Copyright Agent. TrueInsider’s Copyright Agent for notification of claimed infringement can also be reached electronically at copyrightagent@trueinsider.com.
6. Third Party Websites, Advertisers or Services
TrueInsider may contain links to third-party websites, advertisers, or services that are not owned or controlled by TrueInsider. TrueInsider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from TrueInsider, you do so at your own risk, and you understand that this Agreement and TrueInsider’s Privacy Policy do not apply to your use of such sites. You expressly relieve TrueInsider from any and all liability arising from your use of any third party website or services or third party owned content. To the extent links to third party websites are provided by us, they are provided only as a convenience, and do not imply our endorsement, adoption or sponsorship of, or affiliation with, any such third party website. Additionally, your dealings with or participation in promotions of advertisers found on TrueInsider, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TrueInsider shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. Contributions to TrueInsider
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Contributions”). By submitting any Contribution, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TrueInsider under any fiduciary or other obligation, that we are free to disclose the Contributions on a non-confidential basis to anyone or otherwise use the Contributions without any additional compensation to you. You acknowledge that, by acceptance of your submission, TrueInsider does not waive any rights to use similar or related ideas previously known to TrueInsider, or developed by its employees, or obtained from sources other than you.
8. Trademark Information
You agree that all of TrueInsider’s trademarks, tradenames, service marks and other TrueInsider logos and brand features, and product and service names, are trademarks and the property of TrueInsider (the “TrueInsider Marks”). Without TrueInsider’s prior permission, you agree not to display or use in any manner the TrueInsider Marks.
9. Indemnity
You agree to defend, indemnify and hold harmless TrueInsider, its contractors and other partners, and their respective directors, officers, employees, agents, sub-contractors and other partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Content or any that are submitted via your Account; or (vi) any other party’s access and use of the Services with your unique alias or password.
10. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRUEINSIDER AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT ANY OF THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH.
TRUEINSIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRUEINSIDER SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRUEINSIDER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUEINSIDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONFIDENTIAL INFORMATION OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL TRUEINSIDER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUEINSIDER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TRUEINSIDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ANY AMOUNTS, IF ANY, YOU PAID TO TRUEINSIDER HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRUEINSIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Services are controlled and operated from its facilities in the United States. TrueInsider makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
12. Arbitration
EXCEPT AS MAY OTHERWISE BE PROVIDED BELOW, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS OF THE WEBSITE OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION. By way of exception, (a) either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction; (b) to the extent that either you or TrueInsider has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have violated Section 4 set forth above (Prohibited Content/Activity), then you and TrueInsider acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (c) no disputes or claims relating to any transactions you enter into with a third party through the Website may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in Palo Alto, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
13. Governing Law
You agree that the Website shall be deemed (i) solely based in California; and (ii) a passive Website that does not give rise to personal jurisdiction over TrueInsider, either specific or general, in jurisdictions other than California.
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Palo Alto, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.
TO THE EXTENT ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN SANTA CLARA COUNTY, CALIFORNIA. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITORS OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In no event shall any claim, action or proceeding by you related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.
14. General Terms
14.1 Severability. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
14.2 Notifications. TrueInsider may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website, as determined by TrueInsider in our sole discretion. TrueInsider reserves the right to determine the form and means of providing notifications to our Users, provided that Users may be given the ability to opt out of certain notifications.
14.3 Survival. Upon termination, you will no longer be authorized to access the Website or the Services. The terms of this Agreement shall survive any termination, except Sections 1, 5 and 6.
14.4 Entire Agreement. You agree that this Agreement and our Privacy Policy constitute the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
14.5 No informal waivers. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
14.6 Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, TrueInsider, Inc. for any third party that assumes our rights and obligations under this Agreement.