Terms of service
Last update:ย Mayย 05, 2021
The terms and conditions below (the "terms") are what govern your use of the OneTruTree LLC website on the Internet and the World Wide Web. These terms are a legal contract between you andย OneTruTree LLCย (โweโ or โusโ.) They govern your access to, and your use of our website, which (as you know) is located atย www.onetrutree.comย (the โsiteโ). These terms also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.Your use of this site, services, and/or products on this site mean that you agree to abide by each of the terms below.ย OneTruTree LLCย may make changes to the services and products offered on this site, at any time and without notice, andย OneTruTree LLCย can change these terms at any time without notice by posting updated terms of use here on the site.
If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.
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Privacy Policy
Your use of the site is governed by theย OneTruTree LLCย Privacy Policy, which is available on this site on ourย Privacy Policyย page.
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General Use
OneTruTree LLCย provides content, services, and products throughout this site. ย All information, documents, products, and services, including content, trademarks, logos, graphics, and images (which are grouped under the term โMaterialsโ) are the copyrighted work ofย OneTruTree LLCย orย OneTruTree LLC's licensors and/or contributors.
OneTruTree LLCย 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 byย OneTruTree LLCย 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.
Ifย OneTruTree LLCย 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 thatย OneTruTree LLCย 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 onย OneTruTree LLCย 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, unlessย OneTruTree LLCย 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 theย OneTruTree LLCย 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 LLCย 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, andย OneTruTree LLCย 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 andย OneTruTree LLCย 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 onย OneTruTree LLCย any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
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Submissions
Subject to the terms and conditions of theย OneTruTree LLCย Privacy Policy, when you submit data and/or post communications on the site (collectively โSubmissionsโ), you grant toย OneTruTree LLCย andย OneTruTree LLC. an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.
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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 (โRestricted Areasโ).
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 notifyย OneTruTree LLCย if your password may have been compromised, or is lost, stolen, or disclosed to an unauthorized third party.
You agree to immediately notifyย OneTruTree LLCย 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.
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Links to Third Party Sites
Theย OneTruTree LLCย site may be linked to other sites that are not owned, operated, or managed byย OneTruTree LLC. We provide these links to you only as a convenience, andย OneTruTree LLCย is not responsible for the content or links displayed on these third party sites.
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Third-Party Content
Some information and content may be provided by third parties toย OneTruTree LLCย (โThird Party Contentโ). ย The Third Party Content is the copyrighted work of the creator/licensor,ย OneTruTree LLC, andย 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 LLCย 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.
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Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and holdย OneTruTree LLCย and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any damages, costs, expenses, and liabilities, including attorneys' fees, thatย OneTruTree LLCย 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.
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Copyright Notice
All information, data, and screens appearing onย OneTruTree LLC, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property ofย OneTruTree LLCย andย OneTruTree LLCย 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.
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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.ย OneTruTree LLCย 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 byย OneTruTree LLC, and they may not be current or may include inaccuracies or typographical errors.
OneTruTree LLCย 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 byย OneTruTree LLCย or our licensors.ย OneTruTree LLCย 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 LLCย 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 โas is,โ โas availableโ and โwhere-isโ basis with no warranty of any kind.
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Limitation of Liability
In no event shallย OneTruTree LLCย 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 ifย OneTruTree LLCย andย 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).
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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.ย OneTruTree LLCย 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.
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Consequences of Violation
If you violate these terms,ย OneTruTree LLCย may terminate your access to the site or Password-Restricted Areas without notice.ย OneTruTree LLCย prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined byย OneTruTree LLC, will result in immediate termination of your access to the site or Password-Restricted Areas.
OneTruTree LLCย 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 andย OneTruTree LLCย and supersede any prior or contemporaneous agreements and understandings between you andย OneTruTree LLCย andย OneTruTree LLC. These terms may not be modified except under a written amendment that is executed by an officer ofย OneTruTree LLCย andย OneTruTree LLC.
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INDEMNIFICATION
- 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 harmlessย OneTruTree LLC, its related parties, and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "OneTruTree LLCย Parties"), from and against all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees, and costs) ("Losses") incurred by anyย OneTruTree LLCย 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 whichย OneTruTree LLCย is entitled to indemnification by You,ย OneTruTree LLCย 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 byย OneTruTree LLCย will requireย 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)ย OneTruTree LLCย may have its counsel present at and participating in all proceedings or negotiations relating to a Claim, atย 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 toย OneTruTree LLC's use of such counsel.
- Ifย OneTruTree LLCย 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,ย OneTruTree LLCย 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 thatย OneTruTree LLCย retains all rights to indemnification described herein.