Last Updated: March 28, 2020
1. The TrueSpace Platform and the Services Provided
a. The TrueSpace Platform offers businesses and individuals access to business assistance, management, planning, assessments, questionnaires, networking, co-working spaces, and general business intelligence services (“Services”).
b. While access to certain portions of the TrueSpace Platform are free, TrueSpace reserves the right to charge fees for any Services, features and benefits associated with the TrueSpace Platform at any time.
b. TrueSpace reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the TrueSpace Platform. You agree that TrueSpace will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the TrueSpace Platform. You agree that TrueSpace may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the TrueSpace Platform.
4. Account Registration
a. In order to access certain Services you may be required to create an account (“User Account”).
b. By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, company name, company website, directory listings, social media profiles, and password.
5. Membership Fees & Terms
a. TrueSpace offers a range of membership tiers within its Services (each, a “Membership Plan”). Each Membership Plan includes a different set of Services that may be provided during your Membership Period. Your “Membership Period” may be either monthly, quarterly, or annually, depending on your selection.
b. You must select a Membership Plan to access certain Services. Each Membership Plan will have a Membership Period based on the period chosen by you and shall begin upon your first payment to TrueSpace.
c. Your fees will be determined by the Membership Plan and Membership Period you choose; therefore, fees will vary from each individual Member (“Membership Fees”).
d. Additionally, TrueSpace reserves the right to charge additional fees for certain Services, in addition to Membership Fees (“Additional Fees”). Membership Fees and Additional Fees may be referred to collectively as “Fees.”
6. Billing Policies
a. As an express condition of using certain Services, you agree to pay all Fees, including any applicable taxes associated with such Services. You acknowledge that amounts billed may vary due to changes to account and pricing structure and changes to associated taxes, and you authorize TrueSpace to bill you accordingly. You shall be responsible for all fees incurred under your USER account regardless of your awareness of such fees or the amounts thereof.
b. You will be billed for your Membership Plan in accordance with your chosen Membership Period (i.e., quarterly, monthly or annually). Membership Fees are billed in advance of the end of your Subscription Period and are automatically deducted the day your subscription renews (see Section 8 for Term and Termination).
c. Additional Fees are billed at the moment they are incurred and may be deducted automatically in accordance with your User Account billing preferences.
d. No refunds or credits will be provided for partial or unused Services.
e. If you upgrade your Membership Plan, you will immediately be charged for the cost of the upgraded Membership Plan, minus a pro-rated credit to reflect the remaining duration of your Membership Period.
f. You acknowledge that TrueSpace reserves the right to terminate your access to the TrueSpace Platform and Services for failure to pay Fees.
7. Credit Card Payments
a. All Fees will be billed to the credit card with which you provide us. You authorize the card issuer to pay any incurred under your User Account.
b. You agree to provide current, complete and accurate billing and credit card information. You agree to promptly update card numbers, expiration dates and billing address to keep your User Account current and accurate. You must update your card in the event it is lost or stolen.
c. If your Fees are not paid by your credit card issuer, you agree to pay all Fees you incur by providing another credit card. Should you have difficulty using a credit card to make a payment, please contact TrueSpace at [firstname.lastname@example.org] for additional payment options.
d. You agree to pay all costs of collection efforts, including attorney fees and costs.
e. Failure to maintain current, complete, and accurate billing and credit card information may affect your use and access to the TrueSpace Platform and Services.
g. TrueSpace reserves the right, but not the obligation, in its sole discretion, upon request or claim from you, or upon notice of any potential fraud, unauthorized charges or other misuse of the TrueSpace Platform or Services, to (1) place on hold any Fees, charges, payment, or (2) refund or provide credits, or arrange for the PSP to do so. Should you have a claim, please contact us at email@example.com.
8. Term and Termination of Services
a. At the end of your current Membership Period, your Membership Plan will automatically renew for a subscription equal to your prior Membership Period unless you provide TrueSpace with email notice firstname.lastname@example.org of your intent not to renew or your intent to upgrade or downgrade your Membership Plan at least 30 days prior to the end of the then-current Membership Period.
b. Your Membership Plan may be cancelled at any time by providing TrueSpace with email notice to email@example.com of your desire to cancel your Membership Plan, and such request shall be processed within 30 days from the day of receipt.
9. General Disclaimers
a. The TrueSpace Platform Services are made available solely for your personal, noncommercial use. Users do not have authority to enter into written or oral contracts, whether implied or express, on behalf of TrueSpace.
b. TRUESPACE CANNOT GUARANTEE THE ACCURACY OF MATERIAL AND CONTENT PROVIDED THROUGH THE TRUESPACE PLATFORM. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR INACCURATE CONTENT PROVIDED THROUGH THE TRUESPACE PLATFORM IS THAT, UPON NOTIFICATION BY YOU THAT SOME CONTENT IS INACCURATE, WE WILL TAKE REASONABLE STEPS TO INVESTIGATE THE REPORTED INACCURACY TO THE EXTENT REQUIRED BY APPLICABLE LAW, TARIFF, RULE OR REGULATION. BASED ON THE RESULTS OF THE INVESTIGATION WE WILL CORRECT ANY INACCURACY THAT WE DETERMINE EXISTS.
c. OTHER THAN AS REQUIRED UNDER APPLICABLE LAW REGULATION OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND TRUESPACE, TRUESPACE DOES NOT GUARANTEE THE AVAILABILITY OF THE TRUESPACE PLATFORM OR SERVICES. FOR THOSE REASONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRUESPACE DISCLAIMS ANY LIABILITY FOR ANY INACCURACIES OR ERRORS IN THE TRUESPACE PLATFORM, SERVICES, OR THE CONTENT PROVIDED RELATED TO THE TRUESPACE PLATFORM AND SERVICES.
10. Restricted Activities
a. With respect to your use of the TrueSpace Platform and Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the TrueSpace Platform or the servers or networks connected to the TrueSpace Platform;
- post Information or interact on the TrueSpace Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
- use the TrueSpace Platform or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the TrueSpace Platform;
- “frame” or “mirror” any part of the TrueSpace Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the TrueSpace Platform or any software used on or for the TrueSpace Platform or Services;
- rent, lease, lend, sell, redistribute, license or sublicense the TrueSpace Platform or Services or access to any portion of the TrueSpace Platform or Services;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the TrueSpace Platform or its contents;
- transfer or sell your account, Membership Plan, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
11. TrueSpace Intellectual Property
a. All intellectual property rights in the TrueSpace Platform shall be owned by TrueSpace absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the TrueSpace Platform are the property of their respective owners.
b. We welcome your comments and feedback regarding the TrueSpace Platform and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to TrueSpace or otherwise (collectively, “Comments”) are not confidential and will become and remain TrueSpace’s property. The disclosure, submission or offer of any Comments will constitute an assignment to TrueSpace of all worldwide rights, titles and interests, and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
c. If you believe, in good faith, that any materials on the TrueSpace Platform infringe upon your copyrights, please view Section 19 for information on how to make a copyright complaint.
12. Your Information
a. Your “Information” is any information you provide, publish or post to or through the TrueSpace Platform or send to other Users. You consent to us using your Information to create an account that will allow you to use the TrueSpace Platform and participate in the Services.
b. You are solely responsible for your Information and your interactions with Users and other members of the public. We act only as a passive conduit for your online posting of your Information.
c. You agree to provide and maintain accurate, current and complete information and acknowledge that we, other Users, and other members of the public may rely on your Information as accurate, current and complete. You acknowledge that if your Information is not accurate, current, and complete it may impact your use of the TrueSpace Platform and Services.
d. You acknowledge and warrant to TrueSpace that you (i) own all rights, title and interest in your Information and to the URLs of your website; and (ii) own all rights necessary to publish all of the content on or through your website or account.
a. TrueSpace provides a first-of-its-kind collaborative ecosystem, specifically for entrepreneurs. TrueSpace helps Members develop key relationships and discover new models for growth in a physical environment conducive to interaction, dialogue, and learning. Accordingly, you may be exposed to technical, financial, strategic and other proprietary and confidential information relating to TrueSpace’s or another Member’s business, operations, and properties (“Confidential Information”). Accordingly, you agree not to use Confidential Information disclosed to you through the TrueSpace Platform or Services for your own commercial use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.
14. Third Party Website Platform & Links
a. “Third Party Websites” refers to any reference or link to an external website, app, document, resource, quote, advice or recommendation not owned, operated or affiliated with TrueSpace or its subsidiaries.
b. The Services and TrueSpace Platform may contain links to Third Party Websites. Access and use of Third Party Websites is at your own risk, and TrueSpace is not responsible for the accuracy or reliability of any information, data, opinions, statements or advice on Third Party Websites that you access from TrueSpace Platform or Services. Third Party Websites are not controlled, owned or operated by TrueSpace, and TrueSpace is not liable for any damage or losses caused or alleged to be caused by or in connection with reliance or use of any Third Party Website. Any external links to Third Party Website does not imply an endorsement or recommendation in any way.
15. User Indemnification
16. Liability Limitations
17. TrueSpace Warranties, Limitations & Representations
a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE TRUESPACE PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO, ALL CONTENTS AND ALL PRODUCTS AND ADDITIONAL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. TRUESPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUESPACE DOES NOT WARRANT THAT YOUR USE OF THE TRUESPACE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE TRUESPACE PLATFORM, SERVICES, OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH TRUESPACE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE TRUESPACE PLATFORM OR SERVICES. YOUR USE OF THE TRUESPACE PLATFORM AND SERVICES IS AT YOUR OWN RISK.
YOU AND TRUESPACE MUTUALLY AGREE TO WAIVE RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
19. Copyright Complaint
a. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), TrueSpace will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: firstname.lastname@example.org
b. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address; and
- 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.