1. SCOPE OF AGREEMENT
This Terms of Use Agreement ("Agreement") is established between Tru Art HR, LLC ("we," "us," "our," or "Tru Art HR") and you ("you" or "your"). This Agreement outlines the terms under which you may use the Tru Art HR website and any other websites managed or controlled by Tru Art HR (collectively referred to as "Tru Art HR Websites"). It also covers all information, content, products, materials, and services provided through these websites by us or third parties (collectively referred to as the "Services").
By accessing or using the Services in any manner, you agree to comply with and be bound by the terms and conditions set forth in this Agreement. If you do not agree with these terms, you should not use or access the Services. In this Agreement, "use" refers to any access or attempted access, including any transmission, communication, or exchange of information associated with the Services. These terms and conditions, together with any additional terms of use applicable to other Tru Art HR Websites as noted on those sites, and any related policies, rules, and provisions referenced or linked within this Agreement, including our Privacy Policy, constitute the entire agreement between you and us, replacing any prior or inconsistent agreements, representations, or understandings regarding the Services.
We reserve the right to modify, add, or remove any of our Services at our sole discretion at any time. Similarly, we may amend this Agreement at any time, and we will notify you of any changes (e.g., by posting a revised Privacy Statement with a new effective date, marking the Privacy Policy link on each page of the Tru Art HR Websites as "updated," or using other means). Any changes will take effect once you are notified ("effective date"). You can always access the most current version of this Agreement on the Tru Art HR Websites. If you do not agree with any changes, you must discontinue using the Services. Continuing to use the Services after the effective date constitutes your acceptance of the changes. Any new products or services that become available will be considered part of the Services and will be governed by this Agreement unless we notify you otherwise. You are also responsible for complying with any additional terms that apply to third-party content, materials, information, software, or other services.
2. INFORMATION AND PASSWORDS
To access and use certain features and functions of the Services, you may need to provide specific information, including your name, your company's name, login credentials (e.g., email address and password), address, telephone number(s), email address, and payment details for orders placed via the Services (collectively referred to as "Information"). You represent and warrant that the Information you provide is accurate, complete, and truthful at the time of submission. You also agree not to omit or misrepresent any material facts. By providing such information, you authorize us to verify it as necessary for your access and use of the Services. Certain features and functions of the Services are restricted and not accessible to the general public. To access these features, you may need to use your email and password. Additionally, third parties may occasionally provide you with additional codes or passwords necessary to perform specific transactions or access certain areas of the Services. Your email, password, and any additional codes or passwords are collectively referred to as "IDs." Your IDs are personal to you, and you agree not to allow anyone else to use your IDs to access the Services. You are responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities, or losses incurred due to your failure to do so. We are not liable for any harm caused by the theft of your IDs, your disclosure of your IDs, or your authorization allowing another person to access the Services using your IDs. If you become aware of any unauthorized use of your IDs or any need to deactivate an ID due to security concerns, you agree to notify us immediately.
3. ACCESS TO AND USE OF THE SERVICES
You may not use or allow others to use your IDs and/or the Services to upload, distribute, transmit, communicate, link to, publish, or access any data, information, or material through, using, or otherwise in connection with the Services that: (a) is defamatory, vulgar, obscene, pornographic, sexually explicit, harmful, harassing, threatening, hateful, racially, culturally, ethnically, or otherwise objectionable or offensive, discriminatory, or abusive; (b) violates any law or regulation or infringes on the rights of others; (c) causes distress or discomfort to others or is likely to discourage others from using the Services; and/or (d) infringes on any intellectual property, privacy, proprietary rights, or confidentiality obligations of others. You are solely responsible for any such activity, behavior, use, and conduct. We disclaim liability for any consequences arising from the use of, or reliance on, the accuracy, quality, completeness, reliability, or usefulness of any data, information, or material associated with your IDs.
You are also prohibited from using or allowing others to use your IDs, the Services, or any of their features to: (a) attempt to disrupt, impair, or interfere with, alter, or modify the Services or any information, data, or materials posted by us or others; (b) act in a way that negatively affects us, the Services, or others; (c) collect or attempt to collect any information from others, including personally identifiable information, without their prior consent. You agree to comply with all applicable local, state, federal, and international laws, statutes, rules, and regulations when using the Services.
You are prohibited from attempting to violate the security of the Services, including, but not limited to: (a) accessing data not intended for you or logging into an account you are not authorized to access; (b) probing, scanning, or testing the vulnerability of the Services or attempting to breach security or authentication measures; (c) interfering with or disrupting the Services or services to any user, processor, host, or network, including, but not limited to, submitting a virus, worm, or Trojan horse; or (d) sending unsolicited email or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We reserve the right to investigate any suspected violations and may provide information to and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
4. INTERACTIVE SERVICES
As part of your use of the Services, you may have the opportunity to provide feedback and suggestions to Tru Art HR through surveys, focus groups, or other means, as well as access and use discussion forums, chat rooms, bulletin boards, and other interactive features ("Interactive Services"). If you choose to participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") you upload, post, link to, or otherwise transmit ("transmit") and the consequences thereof. YOU CAN BE HELD LEGALLY LIABLE FOR WHAT YOU TRANSMIT. If you transmit any Content using Interactive Services, you agree to do so solely for lawful purposes, in compliance with all applicable laws, and in a professional manner. You acknowledge that we do not take responsibility for or control the Content you transmit using these Interactive Services. You agree not to use the Interactive Services to post jobs, market products, solicit resumes, collect email addresses, or conduct surveys unless such activity is explicitly permitted by Tru Art HR or under a separate agreement with Tru Art HR. We do not guarantee that your use of the Interactive Services will comply with applicable laws or that they were designed to do so. Additionally, we do not represent or guarantee the truthfulness, accuracy, quality, or reliability of any Content posted, displayed, linked to, or otherwise transmitted via any Interactive Services. We do not endorse any opinions expressed in or through the Interactive Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including reliance on its accuracy, completeness, or usefulness.
While we do not actively monitor, regulate, or pre-screen your use of the Interactive Services, we reserve the unconditional right (but not the obligation) to remove, move, or edit any Content we deem harmful, offensive, unprofessional, disruptive, or in violation of the law, regulation, or any agreement, including, without limitation:
We are not liable or responsible to you or any other person or entity for the performance or nonperformance of such monitoring activities. Violations of this Section may result in restricted access to Interactive Services, and disciplinary procedures may be initiated. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, including the right to incorporate or implement the Content into any Tru Art HR product or service, and to display, market, sublicense, and distribute the Content as incorporated or embedded in any such product or service without compensation to you. Additionally, by using the Services, you agree to release Tru Art HR and its advertisers from any liability arising from Content transmitted by anyone on the Interactive Services, and you agree to release, hold harmless, indemnify, and defend Tru Art HR and its advertisers from any and all legal or civil actions and penalties and costs, including without limitation attorneys' fees, arising from any Content you transmit.
5. PAY FOR PRODUCTS AND SERVICES
All prices for Products and Services offered through the Tru Art HR Websites are subject to change. You agree to provide current and accurate payment information for all purchases so that we can complete your transactions and contact you as needed. If you permit, we may store your payment information for future transactions. Sales tax and shipping fees may be added to the purchase price as applicable. All prices and payments will be in U.S. dollars unless otherwise specified. You authorize us to charge your chosen payment method for any applicable charges. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. ALL PURCHASES MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED OTHERWISE. You are responsible for any taxes imposed on the sale or use of Products, and applicable taxes may be added to the amount charged for Products purchased on the Tru Art HR Websites. If you are making a purchase from outside the U.S., you may be responsible for additional taxes and fees or for filing customs paperwork, depending on your location. Orders consisting of multiple items may be shipped separately depending on availability.
6. INTELLECTUAL PROPERTY
The content displayed or made available through the Services (directly or indirectly), including all text, graphics, images, button icons, programs, software, and other data, content, information, and materials, tangible and intangible, and all intellectual property rights therein, excluding the Content you upload, post, or otherwise transmit via Interactive Services (the "Material"), are owned by or licensed to us or our third-party partners. Additionally, all names, service marks, logos, brands, brand names, trade dress, and trade names, and any other distinctive identification are trademarks (the "Trademarks") owned by us in the U.S. and other countries or licensed to us or our third-party partners.
You have no rights to such Material or Trademarks, and you may not use any Material or Trademarks except as expressly permitted under this Agreement. You may not do or allow anyone else to do anything with the Material or the Trademarks that is not explicitly allowed under this Agreement. You may not use or display our Trademarks in any manner without our prior written permission. Our Trademarks may not be used in connection with any product or service that does not belong to us or in any manner likely to cause confusion among customers or disparage or discredit us.
Unless otherwise expressly stated on the Tru Art HR Websites or unless we provide written permission, you may only use and access, download, and copy the Material (and print a single copy) for your personal use, and you will not alter, erase, or otherwise obscure our copyright, trademark, proprietary, or other notices on the Material. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and unless otherwise expressly stated on the Tru Art HR Websites, should not be construed as an endorsement by or representation of the opinions of Tru Art HR. We do not provide legal advice. Your reliance on any Material obtained through the Services is at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.
7. LINKS AND THIRD PARTY WEBSITES
The Services may include links to other websites or resources provided by third parties. As we have no control over these sites and resources, you acknowledge and agree that we are not responsible for the availability of these external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You also agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
8. LIMITATION OF LIABILITY AND RELEASE
To the maximum extent permitted by applicable law, neither Tru Art HR, its licensors, suppliers, partners, affiliates, nor third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or any other form of damages arising out of or in connection with this agreement or your use of the Tru Art HR websites and services, regardless of the form of action or the basis of the claim or whether or not Tru Art HR has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. If you have any dispute with one or more third parties as a result of your use of the material or the services (including the interactive services) or are in any way damaged by any third party in connection with them, you hereby release and agree not to sue or otherwise make a claim, demand, or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives, and suppliers for any claims, actions, demands, or damages (whether direct, indirect, special, incidental, or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
9. INDEMNIFICATION AND DISPUTES
You agree to defend, indemnify, and hold us harmless against any losses, expenses, costs, or damages (including our reasonable attorneys' fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.
This Agreement and your use of the Services will be governed by and interpreted under the substantive laws of the State of Texas, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with Tru Art HR or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives, or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in Texas. You expressly consent to the exercise of personal jurisdiction by such courts and agree not to object to jurisdiction or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
10. TERMINATION
We reserve the right to terminate this Agreement and restrict, suspend, or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and this will not limit any other rights or remedies available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are dissatisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services will immediately cease.
11. MISCELLANEOUS
This Agreement can only be altered by a written document signed by an authorized officer of Tru Art HR. The failure or delay in enforcing any part of this Agreement, exercising any rights, or requiring performance should not be interpreted as a waiver of those rights or any other rights under this Agreement. You are not permitted to transfer your rights under this Agreement without our prior written consent, and any attempt to do so will be considered invalid. If any part of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect. Any clause within this Agreement that must continue beyond its termination to fulfill its intended purpose will remain effective after termination.