(updated June 5, 2017)

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Trumanetc LLC (“Trumanetc,” “we,” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of Trumanetc.com, including any content, functionality, and services offered on or through Trumanetc.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The Trumanetc Marketplace

Trumanetc is an online marketplace that allows registered users to offer, sell, and buy certain goods.  Trumanetc is only involved in the transaction between buyer and seller to provide shipping materials and service.  Trumanetc has no control over the quality, safety, morality, or legality of any aspect of the items listed, the accuracy or truth of such listings, the ability of registered users to sell items, or the ability of buyers to purchase items.  We cannot and do not ensure that a buyer or seller will complete any transaction.

Legal title to any item sold on the Website is transferred from the buyer to seller upon completion of the sale and transfer of funds for the agreed-upon price.  By using the Website, you agree that Trumanetc is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties.  You use the Website and our services at your own risk.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.   

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  You are responsible for all applicable taxes incurred with any transactions made through the Website.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not transfer, sell, license, or otherwise allow another party to access or use your Trumanetc account.  Accordingly, you are responsible for all activity of the account assigned to you.  If you are acting on behalf of a business or other legal entity (including by registering for an account), you represent and warrant that you have the authority to bind such entity to these Terms. 

The Website and our services are not directed to children under the age of 13. If you are under 13 years old, you are prohibited from submitting personal information to us. For more information about children, see our Privacy Policy.

We have the right to disable any user account, name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Fees

There is no cost to create an account on the Website.  Trumanetc does, however, assess a sales commission on all completed transactions.  This commission is calculated as ten percent (10%) of the final purchase price, before shipping and handling is added (as set forth below). 

Trumanetc provides all shipping and handling for items sold through the Website.  Trumanetc provides shipping materials (including a box based on the shipped item’s dimensions and weight) and shipping label.  Additionally, Trumanetc adds shipping and handling charges to each item sold through the Website.

We reserve the right to temporarily change any fees for promotional events (for example, through the use of coupon codes).  Any such changes will be effective when We post the temporary promotional event on the Website.  Additionally, we may change some or all of our services at any time, without notice and in our sole discretion, and any changes to our fees are effective upon the posting of such changes. We also reserve the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date, in our sole discretion.

You are responsible for paying all fees and applicable taxes associated with using our Website and services in a timely manner with a valid payment method.  Trumanetc disclaims any responsibility for collection of any state or local sales or use tax on sales, as You may be subject to sales or use tax in Your state unless the purchase is exempt from taxation in said state. This purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Certain states may require You to report all purchases of tangible personal property, digital property, or like property, that are not taxed by the retailer and pay use tax on those purchases unless exempt under state or local law. 

In the event Trumanetc terminates your account, if you delete your account, or if required payments cannot be processed for any reason, you remain obligated to pay Trumanetc for all unapid or past-due fees plus applicable interest or other charges.  Trumanetc reserves all legal rights (including, but not limited to the right to retain collection agencies, legal counsel, and charging registered payment methods) to fulfill a user’s payment obligations.

Listing and Selling Items

You may list for sale new and gently used “attic”, “closet”, or “garage” fashions and accessories on the Website.  You must use appropriate tags and categories for all listings.  You shall list for sale any designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented or appears in or on the item.

By listing an item for sale on the Website, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws; (b) you have the legal right to sell the item and to provide all the descriptions, graphics, photos, images and any other content related to your listing of the item; and (c) the description and depiction of the item, including any damage, is complete, truthful, and accurate.  Your listing shall include only text descriptions, graphics, photos, images, and other content relevant to the sale of that item.  Certain items may be prohibited or restricted, as determined in Trumanetc’s sole discretion.  Your listing must comply with all applicable laws.  If your item is prohibited or your listing does not comply with applicable laws, such listing may be removed in Trumanetc’s sole discretion.

Please note that at this time only users based in the United States are eligible to list or sell on the Website.

All sales are binding on the parties.  The seller must accurately list any items for sale and the buyer must read such descriptions before purchasing.  Upon the verified completion of a sale, Trumanetc will provide shipping materials and labels to the seller, as set forth above.  The seller is responsible for any additional appropriate shipping packaging and shipping the package to the buyer. 

In the event a seller does not comply with the obligations set forth herein or elsewhere on the Website, Trumanetc, in its sole discretion, may suspend or remove such seller’s account.

Be advised that upon the completion of a sale, the seller will have access to the buyer’s shipping information, which may include personally identifiable information.  You, as a seller, acknowledge and agree that you are strictly prohibited from using such information for any purpose other than completing the sale.  Trumanetc has not granted you a license to use any information for unsolicited commercial messages or unauthorized transactions.  Without limiting the foregoing, without express consent from the user, you are prohibited from adding any Trumanetc user to your email or direct mail list.

Buying Items

By purchasing an item on the Website, you acknowledge and agree that: (a) you have read the full item listing before completing the purchase; (b) you are entering into a legally binding contract with the seller to purchase such items when you commit to purchasing such items; (c) Trumanetc is not a party to the contract between buyer and seller and does not transfer any right, title, or interest into such items from seller to buyer.

Returns

Buyers may return purchased items to the original seller within four (4) days of purchase for any reason.  Trumanetc will provide a retrun shipping label for such return.  The buyer has four (4) days from receipt of the shipping label.  After four (4) days has elapsed from the time the buyer receives the shipping label, the seller may refuse to accept the returned item. In the event of a verified, eligible return, the buyer will receive a refund after the item is received by the seller.  The buyer is responsible for all return shipping costs and fees, however Trumanetc will provide the return shipping label. 

In the event a buyer believes an item is a replica, counterfeit, or illegal item, the buyer must return the item to the seller within four (4) days.  Trumanetc will facilitate a refund to the buyer. 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Trumanetc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal or business use as described herein only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print and/or download one copy of a reasonable number of pages of the Website for your own, personal non-commercial use and not for further reproduction, publication, or distribution; (4) you may download a single copy of any desktop, mobile, or other applications for your own person non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; (5) if we provide social media features with certain content, you may take such actions as are enable by such features.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Trumanetc.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Trumanetc name, the terms “Trumanetc,” “Ease, Trust, Cost,” the Trumanetc logo, and all related names, logos, product and service names, designs and slogans are trademarks of Trumanetc, or its affiliates or licensors. You must not use such trademarks without the prior written permission of Trumanetc. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses; Compliance with Law

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). You are responsible for paying any and all applicable taxes for any purchases or sales conducted through the Website.

User Contributions

The Website may contain a market place, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that (1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (2) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you assume all risks associated with, and are responsible for, any User Contributions you submit or contribute, and you, not Trumanetc, have full responsibility for such content, including its legality, reliability, accuracy, quality, and appropriateness. You agree to pay for any royalties, fees, and other monies that may be owed by reason of User Contributions you post on or through our services or Website.  You should never include your social security number or account numbers in any User Contribution. You are solely responsible for the content of User Contributions and any personal information included in any User Contribution is included at your own risk.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Trumanetc; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (5) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TRUMANETC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Reliance on Information Posted on Website

The information presented on or through the Website, including information about any item(s) for sale, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. All information and User Contributions are posted “AS IS” and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, and, as applicable, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Trumanetc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Trumanetc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Contain any material that discloses personal information about or concerning any other user of the Website, such as postings which identify phone numbers, social security numbers, account numbers, addresses, or employer references. 
  • Be false, inaccurate, or likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Be fraudulent or involve the sale of illegal, replica, stolen, or counterfeit items.
  • List for sale any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to counterfeit, replica, or stolen items; child pornography; obscene materials; drugs; trade secrets; items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or any other governmental agency in any country as hazardous to consumers and therefore subject to a recall; or items that are not in compliance with the regulations of the Bureau of Customs and Border Protection in the U.S. Department of Homeland Security.
  • Advertise or promote any items or other goods and services other than such items that are posted for sale by viewing the Website.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Take any action that may undermine or manipulate online reviews or feedback, as applicable.

Trumanetc reserves the right to block sellers and decline transactions that it believes to be high risk, fraudulent, or in violation of Trumanetc’s Terms of Use.

Copyright Policy

Reporting Claims of Copyright Infringement

If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Identification of the copyrighted work you believe to have been infringed or a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate;
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
  • Your physical or electronic signature.

Our designated Copyright Agent to receive DMCA Notices is set forth the below and is available at the Copyright Office’s DMCA Designated Agent Directory (https://www.copyright.gov/dmca-directory/) (the “Designated Agent”):

Phil Faversham

  Trumanetc LLC

400 W. Market St.

Suite 3200

Louisville, KY 40202

  Phone: 502-432-2862

  Email:  faversham@trumanetc.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
  • Your physical or electronic signature.

Completed Counter-Notices should be sent to our Designated Agent.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is the policy of Trumanetc to terminate the user accounts of repeat infringers.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

As applicable, all purchases through the Website or other transactions for the sale of goods or services formed through the Website or resulting from visits made by you are processed by PayPal and such transactions are governed by PayPal’s Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Links from the Website

The Website may contain links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Kentucky in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Trumanetc is not involved in the transaction(s) between buyers and sellers on the Website.  Trumanetc’s sole role is to facilitate transactions and provide shipping assistance.  Trumanetc has no control over and does not guarantee:  (a) the existence, quality, safety, or legality of any items advertised on the Website; (b) the truth or accuracy of a user’s content or listings; (c) the ability of sellers to sell items; (d) the ability of buyers to pay for items; (e) that a buyer or seller will complete a transaction or return an item; (f) the legal transfer of item from seller to buyer; or (g) that a buyer or seller will actually complete a transaction.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRUMANETC NOR ANY PERSON ASSOCIATED WITH TRUMANETC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRUMANETC, NOR ANYONE ASSOCIATED WITH TRUMANETC, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TRUMANETC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL TRUMANETC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF OR ACCESS AND USE OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT TRUMANETC IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO TRUMANETC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100 USD.

Indemnification

You agree to defend, indemnify and hold harmless Trumanetc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any allegations, claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, User Contributions provided by you or through use of your account, your use of any information obtained from the Website, or your negligent acts or omissions.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Kentucky in each case located Jefferson County, Kentucky, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Trumanetc of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trumanetc to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Notice to California Users

Under California Civil Code Section 1789.3, users of the services provided on the Website from California are entitled to the following specific consumer rights notice: for information on the procedures to follow in order to resolve a complaint regarding the services provided on the Website or to receive further information regarding use of the service, please contact the Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Trumanetc with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

This Website is operated by Trumanetc LLC, 400 W. Market St., Suite 3200, Louisville, KY 40202.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: faversham@trumanetc.com.

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