This is effective as of January 1, 2018
TRUINJECT grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.
Medical Advice Disclaimer
NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF TRUINJECT PRODUCTS. TRUINJECT CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE.
VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.
Introduction. Please read the following terms of service (“Terms”) carefully as they contain the legal terms and conditions of the agreement (“Agreement”) that you must agree to when you register with us for or submit digital images or other content to TRUINJECT through the Service. As used in this Agreement, “we” or “TRUINJECT” means Truinject Corp., and “you” and “user” means the individual or entity submitting Content to TRUINJECT. Any user who wants to use the Service must accept the terms of this agreement without change. BY REGISTERING FOR OR USING THE SERVICE OR SUBMITTING ANYTHING TO TRUINJECT, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).
Definitions. As used in this Agreement, (a) “Content” means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, audio, room dimensions, 3D reconstructions, depth information, floor plans, measurements, sketches, data, and other similar materials, (b) “Media” means any means of conveying information, whether now known or hereafter devised and (c) “Service” means any application owned or provided to you by TRUINJECT and any services owned by TRUINJECT with which the Applications interoperate.
Requirement. You may only submit Content to the Service (or to third party sites using the Service) for which you hold all intellectual property rights. In other words, if you submit a digital image to us or to a third party, you must own all rights to such image or you must have the authorization of the person who does own those rights.
Registration. You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services by TRUINJECT or under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To register for the Service you must be 13 years or over. Minor children over the age of 13 but under the age of 18 who wish to access the Service must obtain permission from their parent or legal guardian and their parent or legal guardian must agree to these Terms.
No Liability. TRUINJECT makes no claim on the veracity of data captured by Applications except for what is explicitly stated in the technical specifications. You hereby agree to indemnify, defend, and hold TRUINJECT harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your use of Applications, Content, Modified Content, or services provided therein.
Restrictions. You agree that you will not submit Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general TRUINJECT community standards. We expressly reserve the right to remove or not make available any Content, or provide services in connection with Modified Content, that we deem to be in violation of this Agreement, applicable laws or our community standards, in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit Content to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Safety. You should only use TRUINJECT products for their intended function and should always take precautions when doing so. There are certain health and other risks inherent in some of our product
No Obligation. We may, in our sole discretion and for any reason, refuse the Content or remove it from our Service at any time.
Representations and Warranties. You represent and warrant to TRUINJECT that (a) you are not under 18 years old; (b) you are otherwise legally competent to enter into this Agreement; (c) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Section 5 above, (d) you will comply fully with all terms of this Agreement, (e) you are the sole authors of the Content; (f) the Content does not infringe any copyright or any other intellectual property right of any third party; (g) the Content, and TRUINJECT’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (h) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Content by TRUINJECT as permitted hereunder, (i) the Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (j) all factual statements submitted by you are accurate and not misleading.
Indemnity. You agree to indemnify, defend, and hold TRUINJECT harmless from all claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your breach of this Agreement, including, without limitation, any representation or warranty set forth in Section 11.
Payment. In order to use some of the Services, we (or our third party partners) may collect your credit card information and charge you for such Services at the amounts set forth on our website. You represent and warrant that you have the right to provide us with such information. You will indemnify us for any losses, damages, fines, chargeback fees, collection amounts, or similar fees or expenses in connection with your unauthorized use of a credit card.
Copyright Policy. The Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by TRUINJECT, its affiliates and/or third parties. You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of TRUINJECT. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any TRUINJECT copyright.
Trademarks. All product names, logos, and service marks displayed on the Site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to TRUINJECT or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of TRUINJECT or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.
User Responsibility. Each person assumes full responsibility and all risks arising from use of the Site.
IN NO EVENT SHALL ANY OF TRUINJECT, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER TRUINJECT™ OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment.
IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND TRUINJECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.
TRUINJECT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
TRUINJECT MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that TRUINJECT may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TRUINJECT’s liability will be equal to the minimum permitted under such applicable law.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRUINJECT, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.
You further agree that any claim related to this Site must be filed within one year after it arises.
Links to other Websites. You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by TRUINJECT. Without the prior written permission of TRUINJECT you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of TRUINJECT.
Links To TRUINJECT’s Website. TRUINJECT encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include TRUINJECT’s logo or other intellectual property. We strictly prohibit any suggestions of TRUINJECT endorsement or recommendation of a specific company, product, or service.
Links From TRUINJECT’s Website. This Site may include links to other sites. These links are provided solely for purposes of convenience. TRUINJECT is not responsible for the content or accuracy of information contained on other sites or other sites’ privacy practices. TRUINJECT is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release TRUINJECT and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.
Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the TRUINJECT servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that TRUINJECT grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other TRUINJECT Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any specifications or guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. However, for all changes to this Agreement, excluding specifications and guidelines, we will post a notice of change for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Any amendments or modifications made by us shall be retrospective and any new or modified version of this Agreement shall supersede any previous versions. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
TRUINJECT Intellectual Property. Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, trade dress, or copyrighted material, in any manner. TRUINJECT retains sole and exclusive ownership of all rights, title and interests in the Service, the website, and TRUINJECT content and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. TRUINJECT reserves all rights not expressly granted herein. TRUINJECT may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site or Service; (c) you shall not access the site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the site and Service shall be subject to these Terms.
Communications. TRUINJECT may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any “Customer Communication Preferences” (or similar preferences or requests) you may have indicated on the web sites of TRUINJECT or by any other means.
Limitation of Liability. TRUINJECT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE MODIFIED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. TRUINJECT’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100.
Disclaimer. TRUINJECT PROVIDES THE SERVICE AND THE APPLICATIONS “AS IS” WITHOUT WARRANTY OF ANY KIND AND TRUINJECT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TRUINJECT IS NOT RESPONSIBLE FOR MAINTAINING, STORING OR BACKING UP ANY OF YOUR CONTENT. TRUINJECT SHALL HAVE NO RESPONSIBILITY FOR ANYTHING THAT RELATED TO ANY THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, YOUR CONTENT ON ANY THIRD PARTY SITE. YOU ACCEPT ALL RISK RELATED TO ANY CONTENT THAT YOU SUBMIT TO TRUINJECT OR ANY THIRD PARTY. Miscellaneous. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit Content to the Service. Further, you may not submit any personally identifiable information about any child under the age of 13. This Agreement will be governed by the laws of the United States of America and the state of California, without reference to rules governing choice of laws. If you believe that we have not adhered to these Terms, please contact Company by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and TRUINJECT are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Los Angeles, California office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and TRUINJECT agree that any arbitration will be limited to the dispute between TRUINJECT and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and TRUINJECT otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. TRUINJECT may assign this Agreement in its discretion. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications and understandings between the parties. No modification of or amendment to this Agreement will be effective unless in writing and signed by the party to be charged. Notwithstanding the foregoing, this Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the web sites or services of TRUINJECT.
Reservation of Rights.
Changes to our Terms of Service. This Terms of Service was last modified on January 10, 2018. If we change our Terms of Service, we will update this modification date.