Terms and ConditionsThese Terms and Conditions were last updated on 3/2/2020
TERMS AND CONDITIONSThank you for visiting the website located at https://www.calltruth.com/ (referred to as the "Site"). The Site is a web-based property of Connect Computer LLC ("CallTruth," "we," "our," or "us") that makes available services that allow users to search for information as permitted by these Terms and Conditions.
CallTruth DOES NOT PROVIDE PRIVATE INVESTIGATOR SERVICES, AND IS NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT ("FCRA") BECAUSE THE INFORMATION PROVIDED BY CallTruth IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON'S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; OR (c) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. CallTruth DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER THE FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ScopeThese Terms and Conditions apply to you when you: (a) access, view, download, or otherwise use any page on the Site other than the home page located at https://www.calltruth.com/; and/or (b) submit an online application to become a CallTruth member ("Member"), which enables you to utilize a host of services made available to Members by and through the Site ("Member Services"). By engaging in either of these actions, you acknowledge and agree that you (a) have read, understand, and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with CallTruth; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, do not access, view, download, or otherwise use any page on the Site other than the home page located at https://www.calltruth.com/ and do not submit an online application to become a Member.
Modifications to These Terms and ConditionsCallTruth may modify these Terms and Conditions, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms and Conditions to the Site; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees and Billing section shall not apply to any charges incurred prior to the applicable modification. By not terminating your Member Services account ("Account") within seven (7) days after receiving a notice of modifications to the Terms and Conditions as described above or by continuing to use or access the Site or any Member Services after modified Terms and Conditions are posted to the Site, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions.
If, prior to the effective date of these Terms and Conditions, you entered into a Membership Agreement with CallTruth governing your use of Member Services, your continued use Member Services is now subject to these Terms and Conditions, which supersede the Membership Agreement subject to the limitations described in the preceding paragraph.
Restrictions on Your Use of the Site and Information Obtained from CallTruthCallTruth is a database of publicly available sources of information aggregated for your convenience. Through CallTruth, end-user visitors to the Site ("Visitors") can view or execute certain media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, software, and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed, and displayed by CallTruth and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Search Subject") that can be searched for and accessed through the Site ("CallTruth Checks"). You are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site, Content, CallTruth Checks, and, if you are a Member, Member Services, in accordance with these Terms and Conditions ("CallTruth License"). CallTruth may terminate this license at any time for any reason.
As a condition to access the Site, including Member Services, and without limiting the generality of the foregoing, you agree that, unless otherwise expressly authorized by these Terms and Conditions or in writing by CallTruth, you will not:
1. Conduct any CallTruth Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject for purposes prohibited under the FCRA;
Because CallTruth is not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through CallTruth Checks, as a factor in determining the Search Subject's eligibility for:
Employment. Including, but not limited to, when evaluating a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers).
Tenancy. Including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject.
Educational Admission or Benefits. Including, but not limited to, assessing a Search Subject's qualifications for an educational program or scholarship.
Personal Credit, Loans, or Insurance. Including, but not limited to, assessing the risk associated with providing credit, a loan, or insurance based on a Search Subject's existing debt obligations.
Business Transactions Initiated by an Individual Consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account.
Using information about a Search Subject obtained from CallTruth in these ways violates both these Terms and Conditions and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If you are not sure whether your desired use of information obtained from CallTruth complies with these restrictions, please contact us at email@example.com before conducting any CallTruth Checks or otherwise obtaining information about a Search Subject from CallTruth.
2. Use the Site, Member Services, or Content, including, but not limited to, CallTruth Checks: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations, or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or "stalk" or otherwise harass any other person; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene, or indecent material; or (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other intellectual property rights; publicity rights; and privacy rights);
3. Distribute, transmit in any way to any other computer, website, or other medium, or otherwise provide any Member Services, or other material posted to or made available by or through the Site, including, but not limited to, Content and results of CallTruth Checks, in any way to any third party. You must treat such material as confidential information, and take all reasonable steps to ensure that such material is stored in a secure manner;
4. Provide or submit any information or data to CallTruth or conduct any CallTruth Checks concerning Search Subjects that you are not authorized to provide, submit, or conduct;
5. Directly or indirectly reproduce, create, compile, or incorporate any part of the Site including, but not limited to, Content, CallTruth Checks, and Member Services, into any database, collection, compilation, directory, or information retrieval system, electronic or otherwise;
6. Use, copy, reproduce, record, retransmit, emulate, clone, sell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile, or translate any part of the Site, Content, CallTruth Checks, Member Services, or other material posted to or made available by or through the Site for any commercial purpose or for any purpose that is competitive, in CallTruth's sole discretion, to CallTruth;
7. Access the Site through any automated or manual process for the purpose of monitoring the Site's performance, functionality, or availability for any commercial purpose;
8. Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders);
9. Create any "derivative works" by altering any aspect of the Site, Content, CallTruth Checks, or Member Services;
10. Use the Site, Content, CallTruth Checks, or Member Services in conjunction with any other third-party content;
11. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or to bypass, disable, or block any portion of the Site, associated software, or any CallTruth server or computer system;
12. Take any action that, as determined in CallTruth's sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure;
13. Forge any instructions coming from your computer or otherwise obfuscate the name or location of your computer or IP address in order to disguise the origin of any communication you transmit to or through the Site;
14. Publish a link to a CallTruth web page other than CallTruth's home page (known as "deep-linking";
15. Cover or otherwise obfuscate any advertisement located on CallTruth; or
16. Simulate the appearance or function of CallTruth on another website, such as through "framing" or "mirroring."
Our ObligationsWe allow you to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in these Terms and Conditions. You are solely responsible for your use of the Site and any information you obtain from the Site. CallTruth reserves the right, but undertakes no obligation, to:
1. Monitor, review, or otherwise police your or others' use of the Site, CallTruth Checks, Member Services, or the associated information made available by Members during the application process ("Registration Data");
2. Moderate any dispute between you and any other third party, including, but not limited to, disputes with other Visitors, Members, or Search Subjects;
3. Verify the identity of any person using the Site, including any Visitor who applies to be a Member, as well as the purpose(s) for which any Visitor or Member is using the Site.
Proprietary RightsThe proprietary rights to all Content, including, without limitation, the CallTruth Checks, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to CallTruth and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms and Conditions or with CallTruth's express written consent, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of CallTruth or with respect to any of the Content. The "CallTruth" name and logo are trademarks of CallTruth. All custom graphics, icons and service names are trademarks of CallTruth. All other trademarks are the property of their respective owners.
CallTruth reserves any and all rights not explicitly granted in these Terms and Conditions. By using the Site, you do not acquire any ownership rights to the Site, Member Services, Content, or any other information obtained from the Site.
Membership Requirements and ConditionsBy submitting a complete and accurate online application to become a Member (the "Application"), agreeing to these Terms and Conditions, and receiving approval from CallTruth, Visitors can, for a fee, obtain an Account. Among other Member Services, Members are able to, subject to the restrictions contained in these Terms and Conditions and for the applicable fees, conduct CallTruth Checks.
The following provisions apply to you only to the extent that you submit an Application and, if your Application is granted and you become a Member, your use of Member Services:
To join the Site as a Member, you must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the Member Services. If at any time any of the information you supply as part of your Application changes, you must immediately inform CallTruth of these changes. CallTruth may reject your Application and/or terminate your Account at any time and for any reason, in CallTruth's sole discretion. If you elect to submit an Application, you acknowledge that you have independently evaluated the desirability of obtaining the Member Services and that you have not relied on any representation or warranty about the Member Services other than those set forth in these Terms and Conditions.
2. Account Username and Password
You may be required to register for a username or obtain a password prior to obtaining access to Member Services. You acknowledge and agree that (a) you are responsible for maintaining the security and confidentiality of your username and password, (b) you will not use any other Member's username and password to access that Member's Account, (c) you will not permit others to access your Account, and (d) you will not sell, trade, or otherwise share your username and password with any other person. If you violate any of these provisions, you agree that you are responsible for any actions that occur through your Account, whether or not taken by you.
3. Term and Termination
CallTruth reserves the right, in its sole discretion, to restrict, suspend, or terminate your Account, with or without cause. You may, in your sole discretion, terminate your Account upon forty-eight (48) business hours' prior written notice to CallTruth.
Upon any expiration, termination, restriction, or suspension of your Account or your participation in the Member Services:
Any and all licenses and rights granted to you in connection with these Terms and Conditions shall immediately cease and terminate;
Any and all confidential or proprietary information of CallTruth that is in your possession or control must be immediately returned or destroyed. If requested by CallTruth, you or an authorized agent will certify in a signed writing that all such confidential and proprietary information has been returned or destroyed; and
You shall remit payment on any and all fees then due and owed to CallTruth within five (5) days of any such expiration or termination.
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
4. Fees and Billing
Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated fees. Upon prior written notice to you (with e-mail constituting sufficient written notice), CallTruth reserves the right in its sole discretion to change its pricing or billing practices. By not terminating your Account within seven (7) days after receiving such notice, you agree to comply with, and be bound by, the new pricing or billing practices. If you do terminate your account, you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees).
If you fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the l esser of one and one half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your Account may be deactivated, and access to the Site denied, for non-payment.
5. Cancellations and Refunds
You can cancel your membership at anytime by accessing your account online or by contacting customer service. Your benefits will continue through the then current term. All payments are final, but refunds may be granted on a case by case basis.
IndemnificationYou agree to indemnify and hold CallTruth, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through CallTruth Checks and other information about Search Subjects; (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that CallTruth is obligated to pay any taxes in connection with your use of the Site, Member Services, or otherwise. The provisions of this paragraph are for the benefit of CallTruth, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.
Disclaimer of WarrantiesTHE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, CallTruth CHECKS, MEMBER SERVICES, AND ANY OTHER CallTruth PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CallTruth AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, CallTruth CHECKS, MEMBER SERVICES, OR ANY OTHER CallTruth PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE CallTruth; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE, OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, CallTruth CHECKS, MEMBER SERVICES AND ANY OTHER CallTruth PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. CallTruth AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CallTruth, ANY MEMBERS, THIRD-PARTY PROVIDERS, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND CallTruth DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT CallTruth AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CallTruth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, CallTruth CHECKS, MEMBER SERVICES, OR ANY OTHER CallTruth PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY CallTruth PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY CallTruth; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER CallTruth PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE CallTruth AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, CallTruth CHECKS, MEMBER SERVICES, OR ANY OTHER CallTruth PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR CallTruth MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CallTruth. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Links to Third Party Websites and AdvertisersThe Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use CallTruth's name and logo on their websites. CallTruth does not control the information, products, or services available on or through these third party websites. The inclusion on the Site of a third-party link does not imply endorsement by CallTruth of the applicable website or any association with the website's operators. Because CallTruth has no control over such websites, you agree that CallTruth is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites' policies and terms. If you click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that CallTruth shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers.
Arbitration and Dispute ResolutionThese Terms and Conditions shall be treated as though they were executed and performed in New York City, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
At CallTruth, we expect that our customer service team will be able to resolve most complaints you may have regarding our provision or your use of the Member Services or CallTruth Checks. If you have such a complaint, you can contact our customer service team as described below. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and CallTruth agree to the following resolution process for all disputes and claims that you or CallTruth have arising from our provision or your use of the Member Services or CallTruth Checks (each a "Service Claim").
In an attempt to find the quickest and most efficient resolution of any Service Claim, you and CallTruth agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution (together, the "Claim Notice"). If you want to raise a Service Claim, you must send your Claim Notice by certified mail to us at: CallTruth, Attn: Legal Department, 2470 Windy Hill Road, Suite 226, Marietta, Georgia 30067. If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If CallTruth wants to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, CallTruth will send our Service Claim to you through a means that complies with the service of process rules of the State of New York.
IF YOU AND CallTruth DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND CallTruth AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE.
AS AN EXCEPTION TO THIS ARBITRATION REQUIREMENT, EITHER PARTY HAS THE RIGHT TO (1) PURSUE A SERVICE CLAIM IN SMALL CLAIMS COURT OF APPROPRIATE JURISDICTION, OR (2) PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRETS, AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH CallTruth AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND CallTruth AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
YOU AND CallTruth ALSO AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
Rather than force everyone to visit us in New York, if you can demonstrate to us that arbitration in New York would create an undue burden to you, we will allow you to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in New York, NY. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND CallTruth ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR SERVICE CLAIMS THAT ARE COVERED BY THIS "ARBITRATION AND DISPUTE RESOLUTION" SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
If the arbitrator rules against CallTruth, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that CallTruth reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in CallTruth's favor, we will not seek reimbursement of our attorneys' fees and costs, regardless of who initiated the arbitration.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Equitable ReliefYou agree that any breach or threatened breach of these Terms and Conditions or any unauthorized or unlawful use of the Member Services or CallTruth Checks would result in irreparable injury to CallTruth for which monetary damages would be inadequate. In such event, CallTruth shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms and Conditions shall be construed to limit any legal or equitable remedies available to CallTruth.
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by CallTruth, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of CallTruth.
Force MajeureOther than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms and Conditions on account of either party's delay or failure to perform as required under these Terms and Conditions as a result of any causes or conditions that (a) are beyond the party's reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence (a "Force Majeure Event"). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
SeverabilityIf any provision of these Terms and Conditions is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
WaiverCallTruth's failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of CallTruth's right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of CallTruth.
MisconductCallTruth reserves the right to restrict, suspend, or terminate your Account or access to the Site if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions.
TransferabilityThese Terms and Conditions will be binding on, inure to the benefit of and be enforceable by CallTruth's successors and assigns. You are not permitted to transfer, assign, or delgate any rights or obligations pursuant to these Terms and Conditions unless contained in a signed writing by a duly appointed officer of CallTruth, and CallTruth reserves the right to immediately terminate your use of the Site and Member Services if you attempt to do so.
Your Relationship with CallTruthNothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between CallTruth and you or any other party. You have no authority to make or accept any offers or representations on behalf of CallTruth.
SupplementalEnd User refers to you in this section. End User Agreement in this section refers to these Terms and Conditions.
Our content and data is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that this data should not be relied upon as accurate, timely or complete.
You understand that CallTruth contains sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply your use of such information and Content. You further agree that you are solely responsible for complying with all applicable laws.
By submitting or "signing" (including an electronic or digital signature, such as clicking an "I accept" button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) the Terms and Conditions, you agree that you: (a) have fully read the Terms in their entirety; (b) understand all of the terms and conditions herein; (c) you have honestly and fully answered all questions asked of you; and (d) agree to be fully bound by the this agreement.
The Content provided on CallTruth is for your personal use only and not for commercial exploitation.
You understand that CallTruth is not a consumer reporting agency, and CallTruth Products do not constitute a "consumer report", as defined by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. ("FCRA"). CallTruth Products may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following: a. Credit and/or loans, b. Employment, c. Education, scholarships or fellowships, d. Housing or other accommodations, e. Benefits, privileges or services provided by any business establishment.
Additionally, CallTruth Products may not be used for any of the following purposes: a. To physically or emotionally injure or harm any person or entity (e.g. stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity). b. To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual. c. To use CallTruth Products or information derived from CallTruth Products in combination with any purpose or personal information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver's Privacy Protection Act, the Children's Online Privacy Protection Act (COPPA), and/or all similar laws on the state level. d. To seek information about, locate, or harm individuals under the age of 18 years. e. To obtain personal information pertaining to famous people, government officials, or election candidates. f. In connection with credit repair or credit counseling services. g. For marketing purposes or for commercial credit origination. h. To use or otherwise export or re-export Content in violation of the export control laws and regulations of the United States of America.
Neither this Agreement nor the license granted to End User may be assigned, transferred, or sublicensed by End User, in whole or in part.
CallTruth may only be accessed from within the United States.
End Users must not share their username and/or password. CallTruth Products are intended for use by End User only and may not be delivered to, or filed with, third parties.
End User will not access, retrieve any data from, or otherwise perform any other activities on or through CallTruth using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders).
CallTruth and its third party information providers do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of CallTruth Products. CallTruth and its third party information providers shall not be liable for, and End User agrees not to sue for, any claim relating to CallTruth's procuring, compiling, collecting, interpreting, reporting, communicating, or delivering CallTruth Products.
CallTruth may audit End User's use of CallTruth Products. End User agrees to cooperate and to provide CallTruth all documentation reasonably requested relating to End User's account.
CallTruth's and its third party information providers' entire liability to End User is limited to direct damages not exceeding the fee paid by End User for the CallTruth Products obtained or the cap on damages provided in the End User Agreement, whichever is lower. CallTruth and its third party information providers shall not be liable for any other damages, costs or expenses whatsoever.
Third party information providers shall have the same rights to indemnification that CallTruth does, which shall be no less than the following standard: End User agrees to indemnify, defend and hold CallTruth, its officers, directors, employees, agents, licensors, suppliers and any of CallTruth's third party information providers ("Indemnified Parties") harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you or arising from or related to any postings uploaded or submitted by you.
The provisions of this End User Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of CallTruth and the Indemnified Parties. Each of CallTruth and the Indemnified Parties shall have the right to assert and enforce those provisions directly against the End User on their or its own respective behalf.
The terms in End User Agreement relating to disclaimer of warranties, access and use of CallTruth Products, audit, limitation of liability, indemnification, End User's release of claims, and payment for CallTruth Products shall survive any termination of the End User Agreement.
End User agrees that any breach by End User of its agreements with CallTruth would cause CallTruth and the Indemnified Parties irreparable harm and that, in addition to money damages, CallTruth and the Indemnified Parties shall be entitled to injunctive relief, without having to post a bond.
End User will not use CallTruth Products for the purposes prohibited in this Agreement. Any misuse of CallTruth Products will be the basis for immediate suspension of services, termination of End User's account or membership, and/or legal action
End User must accept the End User Agreement and agree to amend or resubmit this End User Agreement if information supplied by End User changes.
NoticesCallTruth may provide legal and other notices to you, in CallTruth's sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by e-mail, postal mail, overnight courier, or facsimile to any contact address or number that you have provided to CallTruth. If you wish to provide notice to CallTruth, you shall send such notice, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: 2470 Windy Hill Road, Suite 226, Marietta, Georgia 30067. Notices you send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of CallTruth.
How to Contact UsOur "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms and Conditions or the practices of CallTruth, or if you would like to register a complaint, notify CallTruth of a dispute, notify CallTruth of inaccurate or misleading information, or notify us of improper use of the CallTruth Checks, please feel free to contact us at firstname.lastname@example.org, or at:
2470 Windy Hill Road, Suite 226, Marietta, Georgia 30067