Terms and Conditions

Acceptance of the Terms

These Terms and Conditions are entered into by and between You and TrueSpace, LLC (“TrueSpace,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of the Membership, including         any related software applications, mobile applications, or websites, including the website at https://www.truespace.com/ and any content, functionality, and services offered on or through https://www.truespace.com/ and its subdomains (collectively, the “Membership”).

Please read the Terms and Conditions carefully before you start to use the Membership. By accessing the Membership or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference in its entirety. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Membership. 

This Membership is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Membership, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Membership.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Membership thereafter. Your continued use of the Membership following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Membership and Account Security

We reserve the right to withdraw or amend this Membership, and any service or material we provide on the Membership, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Membership is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Membership, or the entire Membership, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Membership.
• Ensuring that all persons who access the Membership through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Membership or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Membership that all the information you provide on the Membership is correct, current, and complete. You agree that all information you provide to register with this Membership or otherwise, including, but not limited to, through the use of any interactive features on the Membership, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Membership or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights

The Membership and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Membership for your personal and business non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided to you as part of your Membership, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of documents available to you under the Membership for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you breach of the Terms and Conditions, your right to use the Membership will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Membership or any content on the Membership is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Membership not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Data

We may collect and store data and information related to your use of the Membership, including to compile statistical and performance information related to the provision and operation of the Membership (“Data”). You hereby unconditionally and irrevocably grant to Company an assignment of all right, title, and interest in and to the Data, including all intellectual property rights relating thereto, and applicable to all Data held by Company, whether created or acquired by Company prior to or after your acceptance of these Terms and Conditions.

Trademarks

The name, logo, related terms, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans used in relation to the Membership are the trademarks of their respective owners.

Prohibited Uses

You may use the Membership only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Membership:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm anyone, including but not limited to minors, or by exposing them to inappropriate content, asking for personally identifiable information, etc.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms and Conditions.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Membership, or which, as determined by us, may harm Company or users of the Membership, or expose them to liability.

Additionally, you agree not to:

• Use the Membership in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Membership, including their ability to engage in real time activities through the Membership.
• Use any robot, spider, or other automatic device, process, or means to access the Membership for any purpose, including monitoring or copying any of the material on the Membership.
• Use any manual process to monitor or copy any of the material on the Membership, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Membership.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to reverse engineer the Membership or gain unauthorized access to, interfere with, damage, or disrupt any parts of the Membership, the server on which the Membership is stored, or any server, computer, or database connected to the Membership.
• Attack the Membership via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Membership.

User Contributions

The Membership may contain interactive features, such as message boards, personal pages or profiles, document centers, tools, and other interactive features (collectively, “Interactive Services”) that allow users to upload, attach, create, post, submit, publish, display, store, transmit, or otherwise create content or materials that are intended to be uploaded to the Membership or shared with other users, (collectively, “User Contributions”) on or through the Membership.

All User Contributions must comply with the standards set out in these Terms and Conditions.

By creating any User Contribution, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the limited right to use, reproduce, modify, perform, display, distribute, and otherwise disclose any such material, solely for the purpose of providing the services, as otherwise needed for the Membership, or as otherwise consented to you or according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any User Contributions you create, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions created by you or any other user of the Membership.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the standards set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Membership or the public, or could create liability for Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Membership.
• Terminate or suspend your access to all or part of the Membership for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Membership. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information or other content presented to you through the Membership is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Membership, or by anyone who may be informed of any of its contents. We do not provide legal advice, nor financial or medical advice in the Membership and any materials are provided AS-IS.

This Membership may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Membership

We may update the content provided in your Membership from time to time, but its content is not necessarily complete or up-to-date. Any of the material provided as part of your Membership may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Membership

All information we collect from you is subject to our Privacy Policy. By using the Membership, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

We provide this Membership for use only by persons located in the United States. We make no claims that the Membership or any of its content is accessible or appropriate outside of the United States. Access to the Membership may not be legal by certain persons or in certain countries. If you access the Membership from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR PROVIDED IN CONNECTION WITH THE MEMBERSHIP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MEMBERSHIP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBERSHIP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR MEMBERSHIP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBERSHIP IS AT YOUR OWN RISK. THE MEMBERSHIP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MEMBERSHIP. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE MEMBERSHIP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBERSHIP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MEMBERSHIP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBERSHIP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MEMBERSHIP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MEMBERSHIP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY, FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE, IN THE LAST 12 MONTHS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Membership, including, but not limited to, your User Contributions, any use of the Membership’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Membership.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE MEMBERSHIP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Feedback

If you send or transmit any communications or materials to Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Membership, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Company is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Company all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback.

Assignment

You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms and Conditions.  Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms and Conditions to a third party, including to a successor of all or substantially all of the assets of Company through merger, reorganization, consolidation, or acquisition, and including the transfer of any rights, licenses, or consents related to the storage and use of Feedback, Aggregate Data, User Contributions, and other data and information.

Consent to Receive Communications

By providing your email, phone number, or other contact information to the Membership for the purpose of receiving certain communications from or related to the Membership, you consent to receiving such communications from Company, which may include automated emails, electronic messages, or other electronic communications, may include automated voice calls, and may include other similar communications. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe from any such communications at any time by updating your account settings and/or following the instructions provided with such communication (e.g., by clicking an “Unsubscribe” link in an email, or by replying STOP to a text message). For additional information, view our Privacy Policy.

Entire Agreement

The Terms and Conditions, our Privacy Policy, and our Master Services Agreement (if applicable) constitute the sole and entire agreement between you and Company regarding the Membership and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Membership.

Your Comments and Concerns

Your Membership, and any related access to software applications, websites, or other services, is operated by TrueSpace and its licensors, and all feedback, comments, requests for technical support, and other communications relating to the Membership should be directed to:

info@truespace.com

        4600 S Ulster St #1450

Denver, CO 80237

(720) 251-8957