Terms of Service

Welcome.  This website and website-application is operated by Truthought LLC. When you use this website, it means that you agree to the following terms and conditions (“Terms”).  We may change these Terms, at any time, with or without notice to you, by posting the modified terms and conditions on our website or within the website-application.  Your continued use of our website and/or the website-application is your consent to the modifications of these Terms.  Throughout the site, the terms “we”, “us” and “our” refer to Truthought LLC.

We offer our website and website-application, including all information, tools and services contained or promoted herein (collectively “Site”) to you, the user, conditioned upon your acceptance of all these Terms.  By visiting our Site and/or purchasing something from us, you engage our “Service”.  Any new features or tools which are added to our Site or our Service shall also be subject to these Terms.  You agree that we may update, change or replace any part of these Terms by posting updates and/or changes to our Site.  Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes. You represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

1.  Accounts, Passwords and Security.  To save information associated with you, you must create an account with a profile.  You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities that occur under your account.  You agree to promptly notify us of any unauthorized use of your username, password or other account information.

2.  Fees and Payment.  If you have selected a level of service or access that requires payment, you agree to pay our then current fees for the service or access. We may change our fees at any time, and the change will be effective on your next billing cycle.  You authorize us to charge the payment method selected by you.  You agree to provide and promptly update your account and payment information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  We may terminate or suspend access to accounts immediately for non-payment. When you access the Site through a mobile network, your network or roaming provider’s data or other rates and fees may apply.  We reserve the right to refuse any order you place with us. In the event we need to change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

3.  Use of the Site and Service.  The information shared within the Site or the Service could be personal or sensitive to other users or group participants.  You agree that you will treat other members of your group with respect.  You agree that you will not use the Site or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  A breach or violation of any of the Terms may result in an immediate termination of your Services.  We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Service.

4.  Teams (Groups) and Team (Group) Leaders.  If you are a group member you understand that your participation in a group may be ordered by a court or required under law.  If such is the case, you agree that you will not ask to be removed or to remove yourself without good cause.  If you are a group leader, you agree that you will work to maintain respectful communications between your group participants and will remove from your group anyone that engages in threatening behavior toward another group member.  You understand that we are not monitoring your group.  You understand that your group discussions are logged and available for review as long as your group leader chooses to keep the group discussion available  and as long as your Individual, Team Leader, or Team Leader Pro Account remains active. Unless a group member’s participation is ordered by a court or required under law, group leaders you agree that you will remove a member from your group at their request.  You agree to indemnify us for any claim based on activity occurring in your group.

5.  Accuracy of Information. We are not responsible if third-party information is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

6.  Third-Party Content and Links.  Certain content, products and services available via our Site or Service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the terms and conditions of a linked site. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7.  Member journaling, comments, feedback and other submissions.  You are solely responsible for any comments you make and their accuracy. You agree that your journaling, answers to exercise questions, comments and feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.  Your group leader may, but is not obligated to, remove content that they, in their sole determination determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Your journal and exercise answers including Active and Completed exercises are accessible to you as long as you are involved with an Individual, Team Leader, or Team Leader Pro Account. If you downgrade from an Individual, Team Leader, or Team Leader Pro Account to the FREE Account your exercise logs associated with the Individual, Team Leader, or Team Leader Pro account will be deleted including badges and certificates of training earned. Your  account certificates and badges remain in effect only for the duration of your use of the associated subscriber account within the Site. Your Free account badges and certificates remain in effect for the duration of your use of an Individual, Team Leader, or Team Leader Pro account within the Site. If you downgrade to a Free Account then you lose your Individual, Team Leader, or Team Leader Pro certificates and badges and you must start from the beginning with a new subscription to Individual, Team Leader, or Team Leader Pro account to achieve certificates and badges if you want to attain them again.

8.  Suggestions or Comments Regarding the Site or Service.  If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are not and shall not be under any obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 9.  Personal Information.  Your submission of personal information is governed by our Privacy Policy. Generally we respect your privacy and limit the information that we collect to that which we need to fulfill your requests, provide you with information, or improve our Site and Service.  To view our Privacy Policy go to the Privacy Policy link on the Site.

10.  Proprietary Rights.  This Site and its contents, are protected by various laws, and are the property of Truthought LLC and its vendors.  You may not modify, copy, publish, display, distribute, transmit, adapt or exploit any material obtained from this site without our prior written consent.  You may not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright or trademark notices.  You may not use our trademarks or service marks without our written permission.

11.  Notice and Procedure for Making Claims of Copyright Infringement.  If you are a third party that believes your work has been posted on our website, app or our social media accounts in a way that constitutes copyright infringement, please provide us notice containing the following information:

• A description of the copyrighted work that you claim has been infringed;
• A reasonably sufficient description of location of the material to enable us to investigate your claim;
• Your address, telephone number and email address; and
• A written statement by the copyright owner that they have a good faith belief that the disputed use is not authorized and that the information contained in the notice is accurate.

Notice of claims of copyright infringement should be provided to us at: admin@truthought.com

12.  Disclaimer of Warranties; Limitation of Liability.  We do not guarantee, represent or warrant that your use of our Site or Service will be uninterrupted, timely, secure or error-free.  You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the Site or Service is at your sole risk. The Site and Service and all products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS.  THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.  In no event will we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of your use of the Site or Service.  IN THE EVENT THAT DAMAGES MAY NOT BE DISCLAIMED, THE TOTAL AMOUNT OF DAMAGES THAT MAY BE AWARDED IS THE LESSER OF FIFTY DOLLARS ($50.00) OR THE MAXIMUM ALLOWED BY LAW.

13.  Indemnification.  You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.

14.  Severability.  Should a provision of these Terms be determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15.  Termination.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms are effective unless and until terminated by either you or us. Either of us may terminate these Terms at any time by cancelling your account or subscription.

16.  Entire Agreement.  These Terms together with our Privacy Policy and other posted rules regarding the use of the Site and the Service constitutes the entire agreement and understanding between you and us, and may only be modified in a written agreement signed by both of us, or by our posting revised terms and conditions to the Site.  This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to its conflicts of law rules. As a condition of your use of the Site you agree to submit to the personal and exclusive jurisdiction of the courts located within Illinois and therefore waive any objection you may have to such jurisdiction.  If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other constitutes the entire agreement provisions contained herein will remain in full force and effect.  Our failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.

These Terms of Service were last updated on December 29th, 2017.