Terms & Conditions
IMPORTANT. Read the following before accessing this website:
Effective Date: The Terms of Use are dated as of January 1, 2017 as may be amended from time to time (the “Terms of Use”).
By using this website you are agreeing to be bound by the terms and conditions provided for herein (the “Agreement”). The Terms of Use sets forth the standards of use for the website www.truthandco.co. By using the TRUTH & CO. website, you (the “User”) agree to these terms and conditions. If you do not agree with the terms and conditions, you should immediately exit this website. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted to the website. Your continued use of this website and contents herein after any such amendments constitutes an acknowledgement and acceptance of such modifications. Except as may be modified or amended by Truth & Co. LLC, the Terms and Use may not be otherwise modified or amended.
Disclaimer of Warranties
The website is provided by TRUTH & CO. LLC “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TRUTH & CO. LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. TRUTH & CO. LLC shall have no liability for any interruptions in the use of this website. TRUTH & CO. LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
2. Limitation of Liability
TRUTH & CO. LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TRUTH & CO, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BELAY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
3. Indemnification
User agree to indemnify and hold TRUTH & CO. LLC, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, User’s use of this website, the violation of this Agreement, Terms of Use or infringement by User or any third party of any intellectual property or any service provided by TRUTH & CO. LLC by way of User’s computer.
4. Modifications and Interruption of Service
TRUTH & CO. LLC reserves the right to modify or discontinue access to this website with or without notice to the User. TRUTH & CO. LLC shall not be liable to User, or any third party, should TRUTH & CO. LLC exercise its right to modify or discontinue the Terms of Use or access to this website. User acknowledges and accepts that TRUTH & CO. LLC does not guarantee continuous, uninterrupted, or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third Party Sites
TRUTH & CO. LLC website may include links to other websites on the internet that are owned and operated by online merchants and other third parties which TRUTH & CO. LLC does not control. User acknowledges that TRUTH & CO. LLC is not responsible for the availability of, or the content located on or through, any third party site. The User should contact the site administrator or webmaster for those third party sites with any concerns regarding such links or the content located on such websites. The User’s use any third party websites is subject to the terms of use and privacy policies of each website TRUTH & CO. LLC encourages all Users to review said privacy policies of third party sites.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While TRUTH & CO. LLC makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. TRUTH & CO. LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and User acknowledges that use of any product provided or offered by any vendor shall be at his or her own risk.
7. Governing Jurisdiction of the Courts of Georgia
The Terms of Use and Agreement are governed and interpreted under the laws of the state of Georgia, without giving effect to any choice of law rules. TRUTH & CO. LLC makes no representation that the website or other services comply with laws of other jurisdictions, except the laws of the State of Georgia. Accordingly, any User who chooses to access our website agrees to do so subject to the internal laws of the State of Georgia. Any enforcement of any provision of these Terms of Use shall be brought exclusively in the courts of Fulton County, Georgia. Each User (1) submits to the personal and subject matter jurisdiction and venue of such court, (2) waives the defense of an inconvenient forum, and (3) irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto.
8. Dispute Resolution
Any dispute arising out of the contents of this website shall be resolved by a court in Fulton County GA. pursuant to the applicable court rules. Each party shall pay for and bear the cost of its own experts, evidence and attorneys’ fees.
9. Compliance with Laws
User assumes all knowledge of applicable laws and is responsible for compliance with any such laws. User may not use the website or any service provided for through this website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2016 TRUTH & CO. LLC, all rights reserved, or is the property of TRUTH & CO. LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TRUTH & CO. LLC is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of TRUTH & CO. LLC.
TRUTH & CO. LLC’s logo is a proprietary trademark of TRUTH & CO. LLC. TRUTH & CO. LLC’s trademarks may not be used in connection with any product or service that is not provided by TRUTH & CO. LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TRUTH & CO. LLC.
All other trademarks displayed on TRUTH & CO. LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TRUTH & CO. LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, TRUTH & CO. LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Casey Darnell, CEO
12460 Crabapple Road Ste. 202-414
Alpharetta, GA 30004
12. Other Terms
If any provision of the Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby, and shall remain valid and enforceable to the maximum possible extent. User agrees that the Terms of Use, and any other agreements referenced herein, may be assigned by TRUTH & CO. LLC, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement in relation to participation as a User. User agrees that by accepting the Terms of Use, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.