Effective Date: July 2020
THESE TERMS EXEMPT TRUCLI AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
The Site provides a platform whereby entities (”Businesses”) can search for information on prospective customers (“Customers”) using customer e-mail addresses or phone numbers that have been previously provided to the Businesses by the customers. Businesses are solely responsible to ensure that the Customers have authorized the use of their information in this manner. Businesses will be able to post reviews of their experiences with the Customers and/or access reviews posted by other Businesses associated with the same e-mail address or phone number. Businesses will also be able to access compiled data regarding the industries of the other Businesses that have performed searches associated with a particular e-mail address or phone number. Businesses will also be able to send offers to Customers, via TruCli. Customers will be able to review posted information associated with their phone number or e-mail address and respond to any posted reviews.
Users must create and / or maintain an individual and / or company login to obtain access to the content posted on TruCli. Businesses who wish to perform searches via TruCli must purchase a search package to continue using TruCli after utilizing their initial free 10-search package. Businesses will be limited to one free initial search package. Once the initial free search package has been utilized, Businesses must purchase a package and pay the associated fee in advance prior to continued use of subscription based features within the Site. The fees listed do not include any taxes or duties of any kind which may be imposed by any governmental entity on the transactions contemplated and Businesses will be solely responsible for all such taxes. All amounts are quoted in and payable in US dollars. Continued access to the Site will be conditioned upon timely payment of all subscription payments owed. TruCli reserves the right to suspend access to and use of the subscription based portions of the Site if a user fails to pay any amount owed on or before its due date. All sales are final. Users will not receive a refund for non-use. Under certain circumstances, TruCli may, in its sole discretion, provide a refund and or grant additional search rights due to Site malfunction. Refund requests must be in writing for a refund or additional search rights to be considered. Written communications should be sent to support@TruCli.com or the physical address listed herein.
To login, users will be asked to supply e-mail addresses and phone numbers. Additionally, Businesses will be asked to supply information with respect to their name and address. Further to purchase a package, Businesses will be required to provide a method of payment including: credit card number, the expiration date of the credit card, billing address or any other information needed to complete the transaction. BUSINESSES REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED.
All users will have an account. TruCli will provide account access information. Users are responsible for keeping their account access credentials confidential and must not disclose them to third parties. Users are solely responsible for any use of the Site that is enabled by means of their access information, even if it is unauthorized. If a user suspects unauthorized activity or a security breach, they must notify TruCli immediately.
Users of the Site represent that they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that they are not listed on any U.S. Government list of prohibited or restricted parties.
Accuracy, Completeness and Timeliness of Information
Although TruCli makes reasonable efforts to ensure that all information included on the Site is correct, accuracy cannot be guaranteed and TruCli does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the Site. Information obtained via the Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.
Use of the Site
The content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of TruCli, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.
Materials on the Site or obtained through the Site may not be used as part of any service or product offerings to third parties. Improper use of information and improper use of any hardware or software with the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. Users may not interrupt or attempt to interrupt the operation of the Site in any way and TruCli reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which TruCli may be entitled at law or in equity.
All remarks, suggestions, ideas, graphics, or other information communicated to TruCli through or in relation to the Site (other than personally identifiable information or trademarked or confidential information of the providing party) will forever be the property of TruCli. TruCli will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to the submitter or to any other person. TruCli will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to TruCli the submitter waives the right to make any claim against TruCli relating to the submission.
TruCli may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Site. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and users consent to this automatic update. If a user fails to install any software updates or other required item, use of the Site may be compromised.
The Site may contain links to other websites/applications which are provided only as a convenience and as an additional avenue of access to the information contained therein. TruCli has not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications. TruCli is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Site.
Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. The receipt of information and/or material included on the Site, is conditioned on the user’s prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, or software obtained from the Site, is expressly prohibited. TruCli, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. TruCli neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with TruCli. TruCli reserves all rights not expressly granted in and to the Site.
TruCli respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify TruCli and provide the following information:
• An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
• A detailed description of the material that you claim is infringing, so that TruCli may locate it.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
• A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Please send the foregoing to the following address:
USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUCLI RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TRUCLI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE AND SOFTWARE WILL BE VIRUS-FREE OR FREE OF GLITCHES OR BUGS; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRUCLI OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.
LIMITATION OF LIABILITY
SITE USERS HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE SITE IS AT THE USER’S SOLE RISK AND DISCRETION.
TRUCLI, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRUCLI OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE, UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, SOFTWARE GLITCHES OR BUGS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, DEFAMATION, DISPARAGEMENT, PERSONAL OR BODILY INJURY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRUCLI AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER. THE MAXIMUM AMOUNT OF DIRECT DAMAGES RECOVERABLE FOR ALL EVENTS, ACTS OR OMISSIONS OF TRUCLI HEREUNDER OR OTHERWISE, EXCLUDING EVENTS INVOLVING FRAUD OR WILLFUL MISCONDUCT, SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAID BY THE USER TO TRUCLI IN THE PRECEEDING 12 MONTH PERIOD.
USERS OF THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief or other equitable remedy.
Third Party Products
Any software, services, goods or other products or technology that are provided by a third party, or that are provided by TruCli but are: (i) identified by TruCli with a brand name or logo that is not an TruCli brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party.
All descriptions, images, features, specifications, and prices of services described or depicted on the Site are subject to change at any time without notice. The inclusion of any services or packages on the Site does not imply or warrant that they will be available.
While TruCli strives to provide accurate pricing information, unintentional pricing or typographical errors may occur. TruCli reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, TruCli shall have the right, to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If a credit card has been charged for any order subsequently cancelled, a credit will be issued to the credit card as the sole and exclusive remedy, unless prohibited under applicable law.
By placing an order, Businesses represent that the services or packages ordered will be used only in a lawful manner. TruCli reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any package or service; or (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion. Businesses agree to pay all charges that may be incurred by them through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, Businesses remain responsible for any taxes that may be applicable to their transactions. Purchases for resale are prohibited.
Participation in any promotions offered by TruCli are voluntary. All promotions will be governed by the terms of the individual promotion. Businesses that have their accounts suspended or discontinued for misconduct forfeit their eligibility to participate or receive the benefits of any promotional programs or bonus incentive programs.
The privacy of all users must be protected at all times. TruCli will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Site. Users agree that TruCli is not responsible for any harm as a result of a security incident arising from use of the Site unless the incident resulted from TruCli’s failure to properly implement and maintain commercially reasonable security measures.
Notwithstanding the foregoing, any user or TruCli may seek injunctive relief from an appropriate state or federal court located in Florida prior to or during the arbitration, may file suit in a court of law to address intellectual property infringement claims and may bring individual actions in small claims court.
Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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