User Generated Content
When you use our Services, you provide us with things like your content, messages, and contacts (“Content”). You grant us a license to use the materials you post to our Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Content to our Service, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use your Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any Content. By posting your Content on our Services, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Content.
Our Services may also provide you email newsletters, appointment setting and more. You give us permission to keep this information so we can contact you and so you may utilize our Services.
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Trueheart intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Sharing Your Content
You acknowledges that data storage is not guaranteed by Trueheart and may include the use of Dropbox and Google Drive and you agrees that Trueheart may not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of your Content.
Uses of Our Services
You’re responsible for your conduct while accessing our Services. Your content and you must comply with applicable laws. Content in the Services may be protected by others’ intellectual property rights. Do not copy, upload, download, or share content unless you have the right to do so. You agree not to reverse engineer, decompile, scrape, dissemble, or attempt to create, make a derivative product, or permit or assist a third party from doing the same to any code or software on this website. We may review your conduct and content for compliance with these Terms. We reserve the right at any time to delete or take down any Content that you generate. We are not responsible for the Content others post and share via our Services.
We grant you a limited, non-exclusive license to use our intellectual property while you are on our website.
California Use Only
The Site is controlled and operated by Trueheart from its offices in the State of California. Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Services should not be construed as our purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. We expressly do not promote, market to, or offer services for any individual, business, or entity domiciled, located, or subject to the laws outside the jurisdiction of the United States.
We reserve the right to suspend or terminate your access to the Services if: (a) you violate any of these Terms, (b) we believe you may be using our Services for unlawful or unauthorized purposes; (c) anything you do compromises our ability to provide the Services; or (d) we are prohibited from doing so by law.
Trueheart Bookkeeping Intellectual Property and Licenses
The Services are protected by copyright, trademark, and other United States laws. Our Terms don’t grant you any right, title, or interest in the Services, our trademarks, logos, or other brand features.
Copyright / Digital Millennium Copyright Act (“DMCA”)
We respond to notices of alleged copyright infringement if they comply with the law. If you believe there is an alleged infringing act, you must provide the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
P.O. Box 601642
San Diego, CA 92160
Phone: (619) 987-1916
“AS IS” Services
TO THE FULLEST EXTENT PERMITTED BY LAW, TRUEHEART AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES AND/OR THIRD PARTIE SITES OR SERVICES OFFERED ON OUR WEBSITE. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do our best to keep the information in our Services as accurate as possible; however, some information may be old, outdated, or inapplicable to you. In any jurisdiction where this may conflict, the scope of the disclaimer and warranty shall be the maximum permitted by law.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO LIMIT TRUEHEART AND ANY OF ITS AFFILIATES’ LIABILITY FOR ANY PASSIVE NEGLIGENCE ACT OR MISREPRESENTATION OCCURING DURING THE PROVISION OF THESE SERVICES. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT INCLUDING INTENTIONAL FRAUD OR GROSS NEGLIENCE. TRUEHEART IS NOT RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, REGARDLESS OF IN CONTRACT, TORT, OR OTHER LEGAL THEORY.
IN ANY CLAIM OR SUIT FOR DIRECT DAMAGES, UNDER NO CIRCUMSTANCES SHALL TRUEHEART BE LIABLE TO YOU FOR DIRECT DAMAGES, COSTS, FEES, OR LAIBILITES IN EXCESS OF THE AMOUNT PAID BY YOU IN THE LAST 12 CALENDAR MONTHS PROCEEDING THE CLAIM OR INCIDENT.
We are not liable for any third-party links or advertisements that may be linked to our site that is not maintained or controlled by Trueheart. We are not responsible for the accuracy, privacy practices, or content of any goods or services that may be linked or advertised on our website. We also do not endorse or advertise with any goods or services that may be linked with our website.
You and Trueheart agree that we both have relied on this limitation of liability in deciding whether or not to enter into this agreement.
Indemnification / Hold Harmless
You agree to defend, indemnify and hold Trueheart harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action (“Claim”) arising out of or relating to your activities under this Agreement or your acts or omissions in connection with the provision of the your Content, including without limitation, any intellectual property claims, malware, or accuracy of Content provided.
You and Trueheart agree that any claim or controversy outside of the jurisdiction of small claims arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of our Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Trueheart.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You expressly agree to arbitrate the matter in the county of San Diego, California.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
These Terms will be governed by California law except as to its conflicts of laws provisions.
These Terms constitute the entire agreement between you and Trueheart with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Trueheart’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Trueheart may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Effective Date: February 1, 2019