Terms of Service
For TRUKNOW and TRUKNOW.com website
The following describes the terms on which TRUKNOW.COM (referred to herein as “TRUKNOW,” “Mastery LLC,” “we,” or “us”) offers you access to our Services. Your permission to use the TRUKNOW Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
This Terms and conditions and/or Service/User Agreement (“Agreement”) governs your access to and use of Mastery LLC and or TRUKNOW Services, whether in the capacity of a Member/NonMember (“Client” or “Customer”), Affiliate/Sellers (“Independent Contractor” or Distributor”), or visitor, including participating in online tools, live or online workshops, and/or other TRUKNOW Affiliated Services. Portions of the TRUKNOW Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered Members who are Members and/or Affiliates (collectively, “Members”). By registering with TRUKNOW or by using the Service in any manner - including, but not limited to, by visiting the www.TRUKNOW.com website - you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.
- Description of Service.
TRUKNOW is a DBA of Mastery LLC. It is a web-based and/or live Service available from the domain WWW.TRUKNOW.COM. TRUKNOW is providing the affiliate, Member/NonMember with coaching and life coaching Services and access to coaching Services and materials, which may include access to and/or usage of TRUKNOW online tools and/or reports, coach and/or instructor, an online evaluation profile or report, and other coaching products and Services. TRUKNOW LLC is strictly a coaching/training Service providing access to coaching and/or training materials. Affiliates Member/NonMember understands and acknowledges that TRUKNOW, Mastery LLC make no claim or representation of any licensing and/or specific qualification and/or accreditation.
When Member/NonMember and/or Affiliate/Distributors purchase TRUKNOW Services, each will have the right to download and/or print the materials from their specific Report summary page(s). TRUKNOW is not responsible to maintain your or any summary reports page(s) so Member/NonMember is directed to print their report once completed. Report and/or Profile questions may change, which will change the questions shown on the reports completed prior to the question changes. Therefore, Members and Affiliates are directed to immediately print their report immediately following completion to avoid confusion and/or question changes on their report.
All Users/Members must be at least 13 years of age to use any of TRUKNOW Services. All Users/Members agree that they are at least 13 years of age, otherwise permission of use is prohibited.
You may use this Service (including as a Member/NonMember or Affiliate) if you are domiciled in the United States. For physical products, if you are shipping any content or other materials to a non-U.S. address, you are not authorized to use this Service and TRUKNOW and/or Mastery LLC expressly disclaims any representations or warranties, whether express or implied, with respect to or in connection with any transactions between or otherwise involving non-U.S. Users.
- Fees, Services, Pricing, Payments and Refund Policy.
Payment in Full is the preferred method of payment as we accept cash (US currency), check, credit card (Visa, MasterCard, Discover Card or Money Order).
Payment may be made through Paypal(checking account, debit/credit card), by electronic check, or by credit card (Visa, MasterCard, Discover or Money Order).
Service may be renewed and billed to the Member/NonMember’s and/or Affiliate’s (also referred to as “customer”) electronic checking or credit card account through Paypal as initiated by the customer at the time of sale. There are NO REFUNDS after the initial date of sale and/ or legal time period after the initial date of sale. For value received, customer promises to pay all agreed payments as set forth by Mastery LLC and/or TRUKNOW without defalcation or discount. Member/affiliate assumes responsibility for payment of all fees for Services within agreed time limits upon payment plan.
TRUKNOW tools and Service prices can and may vary with promotional offers. In consideration for the Services provided by TRUKNOW,
Mastery LLC and TRUKNOW reserves the right to discontinue Service in the event that customer payment is rejected or not paid. Services may be reinstituted upon receipt of payment.
The customer must notify Mastery LLC and/or TRUKNOW in writing or by phone within seven days after receiving their bank or credit card statement to dispute any charge. Otherwise all potential disputes will be deemed invalid. Mastery LLC and/or TRUKNOW reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement with or without prior notice.
You (Member/NonMember and/or Affiliate/Independent) agree to pay in full TRUKNOW a Service fee (“Service Fee”) for access to TRUKNOW tools, usage and/or distribution of TRUKNOW Services as an Affiliate. All TRUKNOW tools you sell as an Affiliate shall be in accordance with the following: (i) Members and/or Affiliates agree to pay a one-time set up fee as agreed upon between TRUKNOW and the Member/NonMember and/or Affiliate at the time of sale and/or a continual agreed upon monthly fee for continued usage and/or distribution of TRUKNOW Services.
For Affiliate sales TRUKNOW will automatically deduct the agreed upon Service Fee percentage per sale at the time of sale from the sales price or bill the Member or Affiliate’s payment method on a monthly basis for continued usage or distribution of TRUKNOW Services. (a) TRUKNOW will collect payment from Members and/or Affiliates at the time a TRUKNOW Service is purchased, (b) TRUKNOW will notify you (the Member/NonMember or Affiliate) by email of the sale once payment has been verified and collected from the Member/NonMember or Affiliate. We make no representation regarding the Services provided by our payment processors, and are not responsible for delays in payment caused by them. Affiliate/Independents agree that upon notification of a sale of TRUKNOW Services, you will register and deliver the purchased Services to the client customer within (3) business days of the purchase date as well as any relevant instructions necessary for the client customer to utilize the Service, in accordance with any representations made by you on the Service and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards.
- Additional Agreements and Obligations of Affiliate/Independents/Sellers.
Additional Agreements and Obligations of Affiliate/Independents/Sellers and Member/Nonmembers. Member/Nonmembers understand that third party Affiliates can post and/or upload content to the Familyrise.com website as third parties. When Affiliates/Independents post, add or upload any item or content on the Familyrise.com website and/or any reporting tools or profiles provided through the TruKnow.com website, they are required to and agree that they will make clear in the “instructions” box that the content of that report/profile is being provided by them as the Affilaite, with their name or organization’s name used. Any item, or uploads to TRUKNOW and/or TRUKNOW website Services, you (Member/NonMember and/or Affiliate/Independents) represent and warrant to visitors and/or prospective clients and/or customers that you have the right and ability to upload or sell that content, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Service content is original to you, and that use of the same will not infringe any right - including, but not limited to the copyright or trademark right - of any third party.
Additionally, unless otherwise authorized, Affiliate/Independents, Sellers agree not to - and agree to cause their affiliates, agents, employees and contractors not to - use or disclose to any third party any order information, or other data or information regarding Member/NonMember or customers or any other Users of the Service, which is obtained through the Service or disclosed to Affiliate/Independents by TRUKNOW in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).
Affiliates must maintain active status, if an affiliate’s status is marked inactive access to their TRUKNOW account is closed.
Provided Affiliates are fully compliant with these terms TRUKNOW Affiliates (“Distributors”) can distribute TRUKNOW online tools and/or Services in exchange for a Service fee and only under the terms and conditions stipulated in this Terms of Services document.
TRUKNOW Affiliates receive compensation based on the TRUKNOW compensation system. Affiliates are considered 1099 independent contractors by Mastery LLC and/or TRUKNOW. As a TRUKNOW Affiliate/Distributor, you understand and accept that you are considered a 1099 Independent Contractor.
As a TRUKNOW Affiliate, you agree to maintain a professional representation of the company and its Members, which includes a strict adherence to federal and state laws, as well as compliance with the business standards and personal conduct as set forth in this document. Any deviations from these agreements may result in corrective action, up to and/or including your immediate termination from Services and/or access to TRUKNOW Services.
All associated with Mastery LLC and TRUKNOW have the right of privacy and confidentiality. As a TRUKNOW Affiliate you agree to keep all clients, company and other information available to you through Mastery LLC and TRUKNOW completely private and confidential. You agree to in no way use this information outside of your affiliation with Mastery LLC and TRUKNOW to benefit yourself or any other outside sources. As a TRUKNOW Affiliate/Distributor you agree that you will in no way share client information or contact clients for reasons aside from their interaction with TRUKNOW.
As a TRUKNOW Affiliate/Distributor you agree to in no way seek to recruit Mastery LLC and/or TRUKNOW Affiliates, clients, customers or Members for separate ventures.
As a TRUKNOW Affiliate/Distributor, you hereby acknowledge and promise not to divulge any proprietary information, trade secrets, policies, procedures, systems, or materials to assist in the development of a competing coaching/mentoring firm or anything like unto it. These restrictions and prohibitions shall be in effect both during and for a two year period after your involvement with Mastery LLC and/or TRUKNOW.
Compensation is given for selling new TRUKNOW Services based on the TRUKNOW compensation system.
- Agreement of Member/NonMember and/or Affiliates to Pay for Purchases.
Member/NonMember and/or Affiliates/Distributors agree not to share Services with their colleagues unless those colleagues have purchased the right to use TRUKNOW Services. Member/NonMember and/or Affiliates agree not to post TRUKNOW Services purchased or freely downloaded files on the internet.
Member/NonMember and/or Affiliates/Distributors agree to pay in full for all Services purchased through the Service, and agree that TRUKNOW may charge your credit card or PayPal account for any Services purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING TRUKNOW WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES. All charges and fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card, or if there is a change in your credit card or PayPal account status, you must notify TRUKNOW immediately of any changes to your credit card or PayPal account information to avoid any disruption of Service. (There may be a temporary disruption of your access to the Service until TRUKNOW can verify the validity of the new credit card or PayPal account information.)
- Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Transfer of Title
TRUKNOW does not transfer legal title or ownership of items from the Member/NonMember s, to the Affiliates, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2), which provides that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless an Affiliate and Seller agree otherwise, legal ownership to any item of Content passes to the Affiliate upon the physical delivery of such item of Content from the Seller to the Affiliate.
- Affiliate Billing
A TruKnow Affiliate is an independent group or professional that can utilize existing TruKnow tools, or create their own custom Report using the TruKnow System to help expand their services and value. Affiliates may offer TruKnow profiles free of charge to their clients/prospects. Affiliates may receive a portion of the monthly fee for fellow Affiliates or Independents they directly refer who are active paying members of TruKnow. Affiliates have access to view their clients’ profile summary results.
In order to create and maintain an active account with TruKnow, the Affiliate agrees to pay TruKnow an agreed upon one start-up fee. The Affiliate agrees to pay TruKnow an additional agreed upon monthly fee. (Every monthly anniversary date from the initial date of setting up the account. For example, if the set up date is August 10th. The automatic billing will be completed or due on the 10th of each month to maintain an active account).
A TruKnow Independent Account Holder is billed monthly to an agreed upon amount, with the same terms as a TruKnow Affiliate. An Independent Account holder has limited access to TruKnow Services. Independent Account Holders are restricted from independently selling TruKnow tools or services. Independents are not allowed to provide profiles free of charge, as is an Affiliate. Independents may receive a portion of the monthly fee for fellow Affiliates or Independents they directly refer who are active paying members of TruKnow. Independents only have access to view clients’ profile summary results for the personality profile and all custom reports created by themselves.
In order to cancel the service, a written notice from the Affiliate requesting cancellation must be received by TruKnow no later than 30 days prior to the requested cancellation date. This written notice is required to cancel the TruKnow Service and billing, otherwise the Affiliate is required to pay TruKnow the full amount on a month to month basis. There are no cash refunds. TruKnow cannot be considered responsible for statements or content added to the TruKnow tool by independent Affiliates. TruKnow reserves the right to terminate and/or cease service to the Affiliate with or without prior notice at any time.
- License Grants.
- License Grants by Affiliates to TRUKNOW.
When you (Member/NonMember and/or Affiliate) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant TRUKNOW a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sub licensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH CONTENT, HOWEVER TRUKNOW LICENSE TO MAKE SERVICES AND/OR CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
- Member/NonMember Representations and Warranties; Licenses Other Users.
When you (Member/NonMember and/or Affiliate) submit or upload content on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (Member/NonMember) retain ownership of any rights - including, but not limited to, copyrights and trademark rights - you claim to your submitted content. As such, you control the copyright licenses granted to an Affiliate and it is your responsibility to give notice to Affiliates of the terms under which you offer your Teaching Content to such Affiliates. Nothing in the Service or in these Terms limits the existing rights of Affiliates under the Copyright Act, including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Teaching Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.)
- License Grants by Affiliates to TRUKNOW.
- Registration Obligations.
In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration process and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if TRUKNOW has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, TRUKNOW has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof).
- Member, Affiliate and Visitor Conduct.
As a condition of using the Service, Members and visitors agree to all of the following:
- You must be a registered Member and/or Affiliate to use, buy or sell TRUKNOW Service(s).
- You are required to choose a Member identification (“UserName”) and password. You are responsible for maintaining the confidentiality of your UserName and password. You should not disclose your password to anyone.
- You are responsible for all activity that occurs under your UserName.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your UserName.
- You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the Service, Members and visitors agree not to:
- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use the Service for any illegal or unauthorized purpose;
- impersonate any person or entity, including without limitation, a TRUKNOW employee or User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);
- manipulate the price of any item or interfere with other Members’ listings;
- advertise any illegal products or Services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;
- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
- attempt to gain unauthorized access to TRUKNOW computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
- attempt to regain access to TRUKNOW following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different UserName;
- “stalk” or otherwise harass anyone on or through the Service;
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data out of the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web Services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
- Inappropriate User-Submitted Content.
TRUKNOW prohibits certain User conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) TRUKNOW is not and cannot be responsible for any content, information, or materials posted by Users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, TRUKNOW has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in TRUKNOW’ sole discretion.
- Links to Other Sites and Resources.
The Service contains links to other websites or resources. TRUKNOW has no control over such external sites and resources. You agree that (i) TRUKNOW is not responsible for the availability or accuracy of such external sites and resources, and (ii) TRUKNOW does not endorse nor is it responsible or liable for any content, advertising, products, Services or materials on or available from such external sites and resources. Any reliance on the contents or Services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Copyright Policy
We respect the intellectual property rights of others, and we ask that our Members and Users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of Users who we believe in good faith are repeatedly infringing copyrighted works.
By accepting this Agreement, you agree to indemnify and hold TRUKNOW and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement, (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.
- Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY TRUKNOW SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUKNOW, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRUKNOW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TEACHING CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. TRUKNOW ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TRUKNOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRUKNOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR AFFILIATES). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, TRUKNOW IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.
While the statements, testimonials and other information written, expressed or implied in Mastery LLC and/or TRUKNOW materials, Services and/or on the website at www.truknow.com may be exciting, no specific outcome is promised or implied. Visitors, Users, Member/NonMember s and/or Affiliates/Distributors acknowledge and understand that no outcome is implied or promised. Individual results can and may vary.
- Limitation of Liability
YOU AGREE THAT TRUKNOW, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TRUKNOW’ LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO TRUKNOW DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
- Miscellaneous Provisions
- Ownership of Site. The www.TruKnow.com site is owned by Mastery LLC, in the case of certain features, its third party Service providers, and unless otherwise indicated the contents of this site are the property of Mastery LLC. and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically provided in connection with certain features of the Service, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Mastery’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
- Entire Agreement. The Terms of Service, which are incorporated by reference above, constitute the entire agreement between you and TRUKNOW and governs your use of the Service.
- No Agency. TRUKNOW is not the agent or representative of any site Users (including, without limitation, any Member/NonMember s or Affiliates), nor does it operate under their authority for any purpose. TRUKNOW is simply a Service provider that offers Users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, in the United States of America, without regard to its conflict of law provisions. TRUKNOW makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from www.TruKnow.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Waiver and Severability. The failure of TRUKNOW to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. TRUKNOW may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other Service-related announcements, by email or postings on the Service.
- TRUKNOW may change or amend these Terms. If we make material changes, we will notify you, either through the User interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.
- Future Changes in the Service. TRUKNOW reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. TRUKNOW will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- Assignment. TRUKNOW may assign this agreement to any successor or purchaser of TRUKNOW or all or substantially all of its assets.
- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- Trademarks. TRUKNOW, the TRUKNOW logo, and other TRUKNOW logos and names are trademarks of Mastery LLC. You agree not to display or use these trademarks in any manner without prior, written consent of Mastery LLC.
- Members, Users and nonmembers understand, agree and consent that Affiliate and Administrators are able to view their Profile Summary Reports.
- Member/NonMember and/or Affiliate agrees to release full usage of any information gathered through Mastery LLC, such as success stories or testimonials for the use of Mastery LLC at Mastery LLC OR TRUKNOW’s full discretion.
- Member/NonMember s understands and agrees that telephone calls may be recorded for quality and training purposes.
- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to info@TruKnow.com.
- Affiliates, Member/Nonmember grant consent to receive emails from Truknow unless otherwise notified in writing that Affiliates, Member/Nonmember does not wish to receive emails from Truknow.