Terms of Use

 

The TruDecision Web Site (the “Site”) is an online information service provided by TruDecision Inc.(“TruDecision”), subject to your compliance with the terms and conditions set forth below.

 

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. TruDecision reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.

 

The terms and conditions herein apply to TruDecision Inc., its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as “TruDecision”. The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by TruDecision.

 

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of TruDecision. The terms and conditions applicable to any TruDecision product or service are contained in the specific agreement(s) relating to such product or service.

 

Disclaimer of Warranties and Liability

Information offered on this Site is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will TruDecision be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if TruDecision is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will TruDecision warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

 

Confidentiality

Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to TruDecision (collectively “Feedback”) shall be deemed to be non-confidential and shall become the sole property of TruDecision. Subject to the conditions described on the privacy page of this Site, TruDecision shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.

 

Trademark Rights

TruDecision®, the TruDecision Logo and the TruDecision product and service names referenced in this Site (“TruDecision Marks”) are trademarks and service marks or registered trademarks and service marks of TruDecision. Your use of the TruDecision Marks is governed by the TruDecision Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.

 

Copyright Information

Copyright Notice: © 2018 TruDecision Inc. All Rights Reserved. Please refer to the TruDecision Copyright Usage Requirements for additional information concerning copyrights.

 

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray TruDecision and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by TruDecision. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any TruDecision trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without TruDecision’s express written consent. To obtain consent, please email your request to support@trudecision.com or send regular mail to Internet Manager; TruDecision; 1026 Texan Trail, Suite 100; Grapevine, TX 76051; USA. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any TruDecision Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of TruDecision.

 

TruDecision makes no representations, warranties or endorsements with respect to any non-TruDecisionweb site which may be accessed from this Site. When you access a non-TruDecision web site, please understand that TruDecision has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

 

Special Admonition for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside.

 

Jurisdictional Issues

This Site is controlled and operated by TruDecision through its offices within the State of Texas and the Province of Ontario and this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the State of California, as it is applied to agreements entered into and to be performed entirely within such Province and State. You agree that any legal action or proceeding between TruDecision and you for any purpose concerning this Site or the parties’ obligations hereunder shall be brought exclusively in the U.S. District Court for the Northern District of Texas or in the Provincial Court of Ontario.

 

Indemnification

You agree to indemnify, defend and hold harmless TruDecision, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

 

Miscellaneous

This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice. Some of the information on this Site may contain certain forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995 regarding events and trends that may affect TruDecision’s future results. Such statements are subject to risks and uncertainties that could cause TruDecision’s actual results to differ materially. Such factors include, but are not limited to, TruDecision’s ability to recruit and maintain key technical and managerial personnel, the maintenance of its existing relationships with key alliance partners, regulatory changes applicable to the use of consumer credit and other data, its ability to continue to develop new and enhanced products and services, competition, market demand and other factors described in TruDecision’s annual report to stockholders.

 

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

 

Any action against TruDecision must be brought within six (6) months after the cause of action arises. TruDecision is not responsible for delay or failure to perform due to causes beyond its reasonable control.

 

Any rights not expressly granted herein are reserved.