True Records

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True Records - Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

This agreement is in effect as of Oct 28, 2016.

 

Kaizen Operations, Inc. is doing business as TrueRecords.

TrueRecords.com is the website for TrueRecords.  References to TrueRecords.com refer to TrueRecords in this Terms of Use Agreement.

 

Introduction.

Welcome to TrueRecords. This website is owned and operated by Kaizen Operations, Inc DBA TrueRecords. By visiting our website and accessing the information, Resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

By using the TrueRecords.com website (the “Site”) including information services, attorney access services, financial access services, or any TrueRecords forms, reports, checklists, applications or application plug-ins (“Applications”), either directly or indirectly (hereafter referred to as ‘Resources’), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, and generally accepted online practices or guidelines, including United States export and re-export control laws and regulations.

In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, Application user, or Client Advocates.  “Client Advocates” are Advocates for TrueRecords clients or visitors to the Site and may include Divorce Attorneys, Divorce Mediators, Tax Attorneys, CPAs, CDFAs, and other Divorce-related professionals (“Client Advocates”) hired by the TrueRecords client and who have express permission by the client to use, access and leverage the TrueRecords services, Resources, site and reports on their behalf.

“We”, “us” and “our” refer to TrueRecords or TrueRecords Parties.  “TrueRecords Parties” includes TrueRecords, its Parent Company and Affiliates, and their Directors, Officers, Managers, Employees, Donors, Agents, Successors, Assigns, Shareholders, Licensors or Advocates. “Services” refers to all services and offerings provided by TrueRecords.  Wherein, you understand that:

a)     In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b)     You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c)     Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d)     Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e)     Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f)      You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g)     We may provide various open communication Resources on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication Resources, which means that if you choose to use these Resources to submit any type of content to our website, then it is your personal responsibility to use these Resources in a responsible and ethical manner. By posting information or otherwise using any open communication Resources as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any TrueRecords employees or representatives.

h)     We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i)      We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication Resources on our website, provided that it doesn't violate or infringe on any third-party copyrights or trademarks, becomes the property of TrueRecords, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication Resources as described, and does not refer to information you submit to your personal, secure portal or information that you provide as part of the registration process necessary in order to use our Resources.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site, the Services or any Applications or Resources. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact admin_TR@TrueRecords.com.

YOU AGREE THAT BY USING THE SITE, ANY RESOURCES, AND THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

TrueRecords provides an online portal to give visitors information about financial aspects of divorce, and to provide automation-driven financial analysis reports to individuals and their legal counsel for the purposes of divorce, spousal support, child support, alimony, and support modifications.

TrueRecords may provide general information on general and financial issues surrounding divorce, child support, alimony, and payment modifications.  Please be aware that every jurisdiction may have different interpretations of the law and Judges have varying degrees of discretion on how to implement the law and how to implement their rulings.  The information on TrueRecords.com is not to be considered legal advice or financial advice.  For legal advice, you should consult a licensed attorney in your area.  TrueRecords works with individuals that are representing themselves in family court.  We also work directly with Divorce Lawyers, Family Lawyers and other Client Advocates representing their clients.

You agree not to engage True Records or any of its direct employees or staff as a witness or expert.  But if someone from True Records is forced to appear in court; you agree to pay any attorney fees, travel fees, court fees, agent fees, representative fees, compensation income, and any travel including meals and housing for the individual or individuals from True Records that are forced (or otherwise summoned) to appear in court.

From time to time, TrueRecords may provide certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to providing contact information between attorney(s) and visitor(s) who express an interest in exploring the TrueRecords Approach. At no time is an attorney-client relationship fostered or created with TrueRecords through the performance of any such services.  From time to time, TrueRecords may provide certain CPA, CDFA and other professional services access services and introduce our visitors to Financial professionals through various methods, including but not limited to providing contact information between Divorce Financial Professionals (e.g. CPA, CDFA, Tax Attorney, Financial Planners, etc.). At no time is a client-privileged relationship fostered or created with TrueRecords through the performance of any such services.

True Records is not a referral a service.  Under no circumstances does TrueRecords refer clients to professionals or act as a referral service.  The client has the sole and exclusive responsibility to grant access to the professionals the client has retained.  And True Records is not responsible for any use or dissemination of information by the client’s agents which would include client advocates.

1.     Privacy Policy.

TrueRecords respects your privacy and permits you to control the treatment of your personal information. A complete statement of TrueRecords’s current Privacy Policy can be found on our Privacy Policy page. TrueRecords’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you subscribe to our newsletter, use or access certain portions of the Site, Applications, Resources or the Services, request information from us, or otherwise engage with the Site, Applications, Resources or Services, you must provide complete and accurate information as requested on any applicable form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s login, user name or password at any time. You agree to notify TrueRecords immediately of any unauthorized use of your login, user name or password. TrueRecords shall not be liable for any losses you incur as a result of someone else’s use of your login or password, either with or without your knowledge. You may be held liable for any losses incurred by TrueRecords and/or TrueRecords Parties due to someone else’s use of your login or password.

In connection with the use of certain TrueRecords Resources or Services, you may be asked to provide personal information in a questionnaire, application, Tool, or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant TrueRecords a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable services and/or Resources.

At no time does TrueRecords review your answers for legal or financial sufficiency, draw legal or financial conclusions, provide legal or financial advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of Resources, or strategies, or apply the law to the facts of your particular situation. TRUERECORDS IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY.  TRUERECORDS IS NOT AN ACCOUNTING FIRM. TrueRecords provides clear financial reports based on data mining and analysis of the financial data you provide to us for you to use in supporting your case.

TrueRecords, its Site, Resources, Services and Resources are not substitutes for the advice of a Divorce Attorney, Divorce Mediator, Tax Attorney or CPA, CDFA or other Tax or Divorce-related professionals. If you decide to engage one of these professionals to work with you using the TrueRecords.com Site, Applications, Services, Reports and Resources and elect to have them as your TrueRecords Client Advocate, by doing so you will not form an attorney-client relationship or otherwise privileged relationship with TrueRecords. 

2.     Ownership.

This Site and Resources are owned and operated by TrueRecords. All right, title and interest in and to the materials provided on this Site and Resources, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by TrueRecords or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by TrueRecords none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Resources shall be construed to confer any license under any of TrueRecords’s intellectual property rights, whether by estoppel, implication or otherwise. TrueRecords reserves any rights not expressly granted herein.

In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if TrueRecords has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation, small claims court, or binding arbitration, instead of in courts of general jurisdiction and under the exclusive jurisdiction of Prince George’s County, Maryland.

3.     Limited Permission to Download.

TrueRecords hereby grants you permission to download, view, copy and print the Materials or Resources on any single, stand-alone computer solely for your personal, informational, non-commercial use or, if you are a TrueRecords Client Advocate, provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable Resources for personal use or that of your TrueRecords Client (if you are a TrueRecords Client Advocate). This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Resources may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4.     Links to Third Party Sites.

This Site and Resources may contain links to websites controlled by parties other than TrueRecords (each a “Third Party Site”). TrueRecords works with a number of partners and affiliates whose sites are linked with TrueRecords.com. TrueRecords may also provide links to other citations or Resources with whom it is not affiliated. TrueRecords is not responsible for, do not necessarily share the opinions of, and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. TrueRecords makes no guarantees about the content or quality of the products or services provided by such sites. TrueRecords is not responsible for webcasting or any other form of transmission received from any Third-Party Site. TrueRecords is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TrueRecords of the Third-Party Site, nor does it imply that TrueRecords sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that TrueRecords is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.

5.     Use of TrueRecords Resources.

On our Site, through our Resources, we offer “fill in the blank” forms checklists and reports (the ‘Resources’). If you use or download a Tool from our Site or Resources, the terms and conditions of these Terms of Use control. You understand that your download and/or use of a Tool is neither legal advice nor the practice of law, and that each Tool and any applicable instructions or guidance is not customized to your particular needs.

6.     License to Use.

TrueRecords grants you a limited, personal, non-exclusive, non-transferable license to use our forms, checklists and reports (the “Resources”) for your own personal use, or for your client if you are a TrueRecords Client Advocate. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Resources in any manner, except for modifications in filling out the Resources for your authorized use. You shall not remove any copyright notice from any Tool.

7.     Resale of Resources Prohibited.

By using or downloading Resources, you agree that the Resources you use or download may only be used by you for your personal use or used by you in connection with your client and may not be sold or redistributed without the express written consent of TrueRecords.

8.     Addressing Change and Engaging Conflict.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

References to “TrueRecords”, “you”, “we,” and “us” include our TrueRecords Parent Company and Affiliates, and their Directors, Officers, Managers, Employees, Donors, Agents, Successors, Assigns, Shareholders, Licensors or Advocates (TrueRecords Parties), as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us.

You and TrueRecords each understand that it is possible there will be occurrences that no one anticipated. It is also possible that times may come when we find ourselves in disagreement in connection with your use of the Site, Services and/or Resources. If something unanticipated happens or if we find ourselves in disagreement, both you and TrueRecords agree that we are committed to avoiding adversarial proceedings of any kind and to seeking instead a system for collaborating to bring whatever transformation will best serve the needs of all.

Accordingly, if we find ourselves in disagreement, you and TrueRecords each commit to dedicate our efforts towards bringing ourselves back into agreement as quickly as possible by talking together honestly, openly, in good faith, and with a commitment to a sense of fairness for all involved.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service department at admin_TR@TrueRecords.com.

In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if TrueRecords has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation, small claims court, or binding arbitration, instead of in courts of general jurisdiction and under the exclusive jurisdiction of Prince George’s County, Maryland.

9.     Termination/access restriction.

TrueRecords reserves the right, in its sole discretion, to terminate your access to the TrueRecords.com Site, Resources, and the related services or any portion thereof at any time, without notice.

10.  Additional Terms.

Some TrueRecords Services or Resources may be subject to additional posted guidelines, rules, or terms of service (“Additional Terms”) and your use of such Services or Resources will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

11.  Reviews, Comments, Communications, and Other Content.

At various locations on the Site or through Resources, TrueRecords may permit visitors or other third parties to post ratings, reviews, comments, blogs, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

12.  Rights and Responsibilities of TrueRecords.

TrueRecords Is Not Responsible For and Does Not Necessarily Hold the Opinions Expressed by Content Contributors. Opinions and other statements expressed by users and third parties (e.g. bloggers) are theirs alone, not the opinions of TrueRecords User Content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by TrueRecords.

You acknowledge that by providing you with the ability to view and/or distribute content through our site, TrueRecords is not undertaking any obligation or liability relating to the content. TrueRecords and TrueRecords Parties do not undertake or assume any duty to monitor the TrueRecords.com Site for inappropriate or unlawful content. TrueRecords and its Parties assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TrueRecords reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

Although we cannot make an absolute guarantee of system security, TrueRecords takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If TrueRecords’s technical staff finds that files or processes belonging to a TrueRecords Client or TrueRecords Client Advocate pose a threat to the proper technical operation of the system or to the security of other TrueRecords Clients or TrueRecords Client Advocates, TrueRecords reserves the right to delete those files or to stop those processes. “TrueRecords Client(s)” refers to person(s) who use the Site, Services or Resources and are not TrueRecords Client Advocates. If the TrueRecords technical staff suspects a user identity or login is being used by someone who is not authorized by the proper user, TrueRecords may temporarily disable that user’s access in order to preserve system security. In all such cases, TrueRecords will contact the TrueRecords Clients (or Client Advocate as applicable) as soon as feasible.

TrueRecords has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

 

13.  Rights and Responsibilities of TrueRecords Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any TrueRecords service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

·       that is known by you to be false, inaccurate or misleading;

·       that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;

·       that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;

·       that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

·       that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

·       that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

·       that contains any computer virus, worms, or other potentially damaging computer programs or files;

·       that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize others who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant TrueRecords a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

14.  No Warranty.

THE SITE, RESOURCES, AND ALL MATERIALS, DOCUMENTS OR RESOURCES PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR RESOURCES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUERECORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRUERECORDS MAKES NO WARRANTY THAT:

(A) THE SITE, RESOURCES, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;

(B) THE SITE, RESOURCES, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;

(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, RESOURCES, OR ANY MATERIALS OFFERED THROUGH THE SITE OR RESOURCES, WILL BE ACCURATE OR RELIABLE; OR

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, RESOURCES, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

(E) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.

no information or advice, whether expressed, implied, oral or written, obtained by you from TrueRecords or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. TrueRecords will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

15.  Limitation of Liability and Indemnification.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL TRUERECORDS, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, successors, assigns, shareholders, licensors OR ADVOCATES (“THE TRUERECORDS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE, RESOURCES, OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE TRUERECORDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TRUERECORDS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SITE, RESOURCES, OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITE), FOR YOUR USE OF THE SITE, RESOURCES, REPORTS, AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE, IN CONNECTION WITH THE SITE, RESOURCES, OR SERVICES, OR OTHERWISE RELATING TO THE SITE, RESOURCES, OR SERVICES.

You agree to indemnify and hold harmless TrueRecords THE TRUERECORDS PARTIES, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

16.  Unsolicited Submissions.

Except as may be required in connection with your use of TrueRecords Services and Resources for accessing your secure, personal TrueRecords account and obtaining your personalized True Records reports, TrueRecords does not want you to submit confidential or proprietary information to us through this Site. All other comments, feedback, information, survey results, blog submissions, testimonials or material submitted to TrueRecords through or in association with the Site shall be considered non-confidential and TrueRecords’s property. Subject to the terms of our Privacy Policy, by providing such submissions to TrueRecords you hereby assign to TrueRecords, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. TrueRecords shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

17.  Compliance with Intellectual Property Laws.

When accessing the TrueRecords Site or using the TrueRecords Resources or Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Resources, Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your TrueRecords user account.

18.  Copyright Infringement.

All content and materials available on TrueRecords, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TrueRecords, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by TrueRecords.  If True Records is forced to enforce its rights in law and intellectual property; and if True Records should prevail in such enforcement; then you shall be responsible for any of True Record’s court fees, travel expenses, attorney fees, and other court or other legal expenses.

19.  Inappropriate Content.

When accessing the Site, any Resources, or using TrueRecords’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

(i) is libelous, defamatory, obscene, pornographic, abusive or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
(c) advertises or otherwise solicits funds or is a solicitation for goods or services.

20.  Removal of Content.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. TrueRecords will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

21.  Compliance with Export Restrictions.

You may not access, download, use or export the Site, Resources, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

 

 

 

22.  Personal Use.

The site is made available for your personal use on your own behalf or that of your TrueRecords Client if you are their Client Advocate.

23.  Children.

YOU AGREE THAT BY USING THE SITE, ANY RESOURCES, AND THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Minors are not eligible to use the Site or Resources and we ask that they do not submit any personal information to us.

By using this site you agree that you are over 18 years of age.  If we discover during the course of our work for you that you are under the age of 18, we reserve the right to immediately discontinue working on your project and retaining any funds earned.  We would refund any unearned funds at that time.

24.  Governing Law; Venue.

This website is controlled by TrueRecords. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

25.  Mediation.

If we find that we are unable to reach resolution between ourselves by informal discussion, we agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The Center for Understanding in Conflict or any other collaborative-style, joint-session dispute resolution procedure upon which we may agree.

Furthermore, you and TrueRecords each agree that our respective good faith participation in mediation (or collaborative-style dispute resolution) is a condition precedent to pursuing any other available legal or equitable remedy, including arbitration, small claims court, or other dispute resolution procedures. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if TrueRecords has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation, small claims court, or binding arbitration, instead of in courts of general jurisdiction and under the exclusive jurisdiction of Prince George’s County, Maryland.

 

26.  Inquiries.

BY USING TRUERECORDS’S SERVICES OR ACCESSING THE TRUERECORDS SITE OR RESOURCES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO TRUERECORDS VIA THE TRUERECORDS SITE OR RESOURCES CONSTITUTES AN INQUIRY TO TRUERECORDS, AND THAT TRUERECORDS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

27.  Right to Refuse.

You acknowledge that TrueRecords reserves the right to refuse service to anyone and to cancel user access at any time.

28.  Guarantee.

UNLESS OTHERWISE EXPRESSED, TrueRecords EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

29.  Acknowledgement.

BY USING TRUERECORDS’S SERVICES OR ACCESSING THE TRUERECORDS SITE OR RESOURCES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site, the Services or any Resources. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact admin_TR@TrueRecords.com.

 

Kaizen Operations, Inc. is doing business as TrueRecords.

 

Last Edited on April 10, 2017