OneTruTree LLC provides content, services, and products throughout this site. All information, documents, products, and services, including content, trademarks, logos, graphics, and images (which are grouped under the term “Materials”) are the copyrighted work of OneTruTree LLC or OneTruTree LLC's licensors and/or contributors.
OneTruTree LLC grants you a limited, personal, non-exclusive, and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.
You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by OneTruTree LLC in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title, or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to (a) log in to an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If OneTruTree LLC becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations, and restrictions just stated. Without limiting the foregoing, you acknowledge that OneTruTree LLC prohibits and you agree not to:
- Take any action that imposes an unreasonable or disproportionately large burden on the site's infrastructure;
- Intentionally expose the site and/or any products or services provided on OneTruTree LLC to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
- Frame or link to the site or any of the content or information available from the site, unless OneTruTree LLC expressly consents to such linking and/or framing;
- Use any spider, robot or another program, code or device to copy, retrieve or index any portion of the OneTruTree LLC site;
- Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
- Post any false or inaccurate Submissions (defined below) or information on any part of the site;
- Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
- Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
- Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
- Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
- Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
- OneTruTree LLC reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and OneTruTree LLC will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and OneTruTree LLC is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Besides, the foregoing prohibitions do not impose on OneTruTree LLC any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
Password Restricted Areas of the Website
Certain areas of the site may be password-restricted so only authorized users can access certain web pages and services (“Restricted Areas”).
If you are an authorized member of the Restricted Areas, you take responsibility for maintaining the confidentiality of your password and account. You agree to notify OneTruTree LLC if your password may have been compromised, or is lost, stolen, or disclosed to an unauthorized third party.
You agree to immediately notify OneTruTree LLC of any unauthorized use of your account or any other breach of security concerning the site that may be known to you. You are responsible for activities that occur under your account.
Links to Third Party Sites
The OneTruTree LLC site may be linked to other sites that are not owned, operated, or managed by OneTruTree LLC. We provide these links to you only as a convenience, and OneTruTree LLC is not responsible for the content or links displayed on these third party sites.
Some information and content may be provided by third parties to OneTruTree LLC (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, OneTruTree LLC, and OneTruTree LLC.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as outlined in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
OneTruTree LLC disclaims all express, implied, and statutory warranties and conditions concerning third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold OneTruTree LLC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any damages, costs, expenses, and liabilities, including attorneys' fees, that OneTruTree LLC or any other indemnified party suffers concerning, arising from, or to avoid any claim or demand from a third party if your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
All information, data, and screens appearing on OneTruTree LLC, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of OneTruTree LLC and OneTruTree LLC unless otherwise specified.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. OneTruTree LLC does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content has been verified or authenticated in whole or in part by OneTruTree LLC, and they may not be current or may include inaccuracies or typographical errors.
OneTruTree LLC shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by OneTruTree LLC or our licensors. OneTruTree LLC does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
OneTruTree LLC, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products, and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
OneTruTree LLC disclaims and excludes any implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of any kind.
Limitation of Liability
In no event shall OneTruTree LLC be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or another economic advantage) however arising, even if OneTruTree LLC and OneTruTree LLC. have been advised of the possibility of such damage.
OneTruTree LLC's aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed fifty dollars ($50.00).
Local Laws and Export Control
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. OneTruTree LLC controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Consequences of Violation
If you violate these terms, OneTruTree LLC may terminate your access to the site or Password-Restricted Areas without notice. OneTruTree LLC prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by OneTruTree LLC, will result in immediate termination of your access to the site or Password-Restricted Areas.
OneTruTree LLC reserves the right to terminate any password-restricted account for any reason. These terms are governed by Maryland Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in Maryland. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
OneTruTree LLC's failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and OneTruTree LLC and supersede any prior or contemporaneous agreements and understandings between you and OneTruTree LLC and OneTruTree LLC. These terms may not be modified except under a written amendment that is executed by an officer of OneTruTree LLC and OneTruTree LLC.
- To the fullest extent permitted by law, You agree that
- In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever ("Claim") in connection with (i) Your Promotions or Products; (ii) any breach of Your representations or warranties; (iii) any allegation that You have infringed upon the IP Rights of any third party. You shall defend, indemnify and hold harmless OneTruTree LLC, its related parties, and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "OneTruTree LLC Parties"), from and against all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees, and costs) ("Losses") incurred by any OneTruTree LLC Party as a result of such Claim, regardless of whether such losses are direct, incidental, consequential, punitive or statutory.
- Upon receiving notice of a Claim for which OneTruTree LLC is entitled to indemnification by You, OneTruTree LLC shall provide You with the written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by OneTruTree LLC will require OneTruTree LLC's prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) OneTruTree LLC may have its counsel present at and participating in all proceedings or negotiations relating to a Claim, at OneTruTree LLC's own expense, unless You fail or refuse to secure legal counsel to defend any Claim promptly, in which case You shall pay all expenses related to OneTruTree LLC's use of such counsel.
- If OneTruTree LLC incurs costs, attorneys' fees, or other expenses responding to any complaint other than a Claim, in connection with or about your Promotions or Products, including copyright infringement complaints under the DMCA, OneTruTree LLC reserves the right, in its sole discretion, to recover such costs and expenses. You understand and agree that the remedies set forth above are not exhaustive and that OneTruTree LLC retains all rights to indemnification described herein.