Truepic, Inc. (“TRUEPIC”, “we”, “our”) operates and maintains the TRUEPIC service, which includes, but is not limited to, TRUEPIC’S: (i) website (https://truepic.com) and all its subdomains, and all other websites owned, operated or maintained, directly or indirectly, by TRUEPIC and its affiliated companies, (ii) mobile applications, (iii) online mobile application management platform, (iv) social media platforms (together, the “TRUEPIC Sites”), and (v) related software, applications, features, data, content, products, and services, which may include services provided by third parties, including any white-label mobile applications used by TRUEPIC Enterprise Users to provide services to their customers (collectively, the “TRUEPIC Service” or “TRUEPIC Services”).
Following termination or deactivation of your account, TRUEPIC may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRUEPIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the TRUEPIC Service (an “Account”). You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
If you register an Account, you:
Types of Accounts:
With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients by registering as an Enterprise User, TRUEPIC prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use.
If you access the TRUEPIC Service by logging in through a social networking service or other third-party account (“Third-Party Account”) as part of the functionality of the TRUEPIC Sites and/or the Services, you may link your Account with Third-Party Accounts, by allowing TRUEPIC to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to TRUEPIC and/or grant TRUEPIC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TRUEPIC to pay any fees or making TRUEPIC subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the TRUEPIC Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the TRUEPIC Sites. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
You acknowledge and agree that the availability of the mobile application and TRUEPIC Services are dependent on the third party from whom you received the mobile application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and TRUEPIC and not with the App Store. TRUEPIC, not the App Store, is solely responsible for the TRUEPIC Services, including the mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with TRUEPIC Services, including the mobile application. You agree to comply with, and your license to use the mobile application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the TRUEPIC Services, including the mobile application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the TRUEPIC Service or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the TRUEPIC Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on the TRUEPIC Service, as determined by TRUEPIC in its sole discretion.
You understand that the TRUEPIC Service is constantly evolving. As a result, TRUEPIC may require you to accept updates to TRUEPIC that you have installed on your computer or mobile device.
You must provide all equipment and software necessary to connect to the TRUEPIC Services, including but not limited to, a mobile device that is suitable to connect with and use TRUEPIC Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the TRUEPIC Services.
If you obtain or TRUEPIC provides you with information about another user, including User Content, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information or User Content to a third party for purposes unrelated to the TRUEPIC Services. Additionally, you may not use information or User Content for advertising or marketing purposes, via electronic or other means, unless you obtain the consent of TRUEPIC to do so.
In using or accessing the TRUEPIC Service, you agree, without limitation:
Sharing Photos Safely
If someone is threatening to share things you intended to be private and asking you to send them money or anything else, you have options:
The safest thing you can do is never share something you wouldn’t want other people seeing, even if you feel like you trust the person asking you to share. If you’re under 18, we recommend talking with a parent or other adult you trust to help you think through what to do. See our frequently asked questions for additional information.
Certain portions of the TRUEPIC Service may permit you to submit, post, transmit or upload content created by you (“User Content”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, posts to social networks, and communications with other Service users.
In connection with User Content, you agree that you will not submit User Content that:
TRUEPIC may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if TRUEPIC has a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where TRUEPIC has a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when TRUEPIC has a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
You agree that submission of any ideas, suggestions, documents, and/or proposals to TRUEPIC through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TRUEPIC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TRUEPIC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance TRUEPIC Services.
TRUEPIC Services can be accessed from countries around the world and may contain references to certain services and content that are not available in your country. These references do not imply that TRUEPIC intends to announce such services or content in your country, and the information provided within the TRUEPIC Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TRUEPIC to any registration requirement within such jurisdiction or country. The TRUEPIC Services are controlled and offered by TRUEPIC from its facilities in the United States of America. TRUEPIC makes no representations or warranties that the TRUEPIC Services are appropriate or available for use in other locations. Those who access or use the TRUEPIC Services from other countries do so at their own volition and are responsible for compliance with local law. We reserve the right to limit the availability of the TRUEPIC Service or any portion of the TRUEPIC Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that TRUEPIC provides.
Software related to or made available by the TRUEPIC Service may be subject to United States export controls. Thus, no software from the TRUEPIC Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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. By downloading any software related to the TRUEPIC Service, 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.
For your convenience and enjoyment, the TRUEPIC Service may provide links to other third party websites or services that are not operated by TRUEPIC (“Third Party Site(s)”). TRUEPIC has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. TRUEPIC may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by TRUEPIC to, or an endorsement by TRUEPIC of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. TRUEPIC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any TRUEPIC products through a social network platform, including through links provided by TRUEPIC through the TRUEPIC Service, you may be able to post such information directly to your profile at the social networking platform without leaving the TRUEPIC Service. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
THE MATERIALS IN THE TRUEPIC SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE TRUEPIC SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUEPIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRUEPIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE TRUEPIC SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE TRUEPIC SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. TRUEPIC UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE TRUEPIC SERVICE, YOU WILL BE EXPOSED TO USER CONTENT POSTED AND/OR SUBMITTED BY USERS. TRUEPIC IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER CONTENT, AND TRUEPIC DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. IN ADDITION, TRUEPIC CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER CONTENT WILL NOT APPEAR ON THE TRUEPIC SERVICE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE TRUEPIC SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TRUEPIC SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER CONTENT ON THE TRUEPIC SERVICE, TRUEPIC IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER CONTENT OR ACTIVITIES OF USERS ON THE TRUEPIC SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER CONTENT ARE NOT NECESSARILY THOSE OF TRUEPIC OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
TRUEPIC ENDEAVORS TO MAINTAIN THE TRUEPIC SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE TRUEPIC SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THE TRUEPIC SERVICE, TRUEPIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRUEPIC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE TRUEPIC SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE TRUEPIC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRUEPIC SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT TRUEPIC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE TRUEPIC SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT TRUEPIC IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TRUEPIC LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE TRUEPIC SERVICES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TRUEPIC SERVICES. YOU UNDERSTAND THAT TRUEPIC DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE TRUEPIC SERVICES.
UNDER NO CIRCUMSTANCES SHALL TRUEPIC, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “TRUEPIC PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TRUEPIC SERVICE OR ANY MATERIALS IN THE TRUEPIC SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE TRUEPIC SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THE TRUEPIC SERVICE.
THE TRUEPIC PARTIES SHALL NOT BE LIABLE EVEN IF TRUEPIC OR A TRUEPIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. TRUEPIC PARTIES SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE TRUEPIC SERVICES INCLUDING, BUT NOT LIMITED TO, PRODUCTION, CUSTODY OR AUTHENTICATION OF ANY USER CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE FUNCTIONING, STORAGE, TRANSMISSION, CUSTODY OR DELIVERY OF THE TRUEPIC SERVICES; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE OR INACCURACY.
IN NO EVENT SHALL THE TRUEPIC PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TRUEPIC SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TRUEPIC SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM OR AS A RESULT OF DEPLOYING INTEGRATIONS WITH THIRD PARTY SERVICES OR FOR THE ACTIONS OR OMISSIONS OF PROVIDERS OF THIRD PARTY SERVICES. TRUEPIC RESERVES THE RIGHT TO CEASE TO PROVIDE INTEGRATIONS IF CIRCUMSTANCES CHANGE SUCH THAT INTEGRATIONS ARE NO LONGER PERMISSIBLE OR PRACTICABLE.
UNLESS TRUEPIC HAS BEEN PUT ON ADVANCE WRITTEN NOTICE BY YOU AND TRUEPIC HAS AGREED IN WRITING, PERSONAL DATA WILL NOT BE PROCESSED VIA THE TRUEPIC SERVICE (EXCEPT FOR END USERS LOGIN INFORMATION). IN NO EVENT SHALL TRUEPIC OR ITS SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY IN RESPECT OF ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THE ACCESS TO OR PROCESSING OF PERSONAL DATA BY TRUEPIC.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, HOWEVER, NOTHING HEREIN IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY IN A WAY THAT IS NOT PERMITTED UNDER SUCH LAWS.
TRUEPIC maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Service infringe your copyright, you may request removal of those materials from the TRUEPIC Service by contacting TRUEPIC’s copyright agent with the following Notice, which shall include each of the following:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
7660 Fay Ave, STE H 376
La Jolla, CA 92037
e-mail: [email protected]
We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the TRUEPIC Service or making submissions.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the TRUEPIC Sites or TRUEPIC Services, to any products sold or distributed through the TRUEPIC Sites, or to any aspect of your relationship with TRUEPIC, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or TRUEPIC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH TRUEPIC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST TRUEPIC ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST TRUEPIC IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Business Filings Incorporated, 108 West 13th Street, Wilmington, DE 19801.The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, TRUEPIC will pay them for you. In addition, TRUEPIC will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, TRUEPIC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TRUEPIC. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND TRUEPIC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TRUEPIC are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the first paragraph of Section 16 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court in accordance with Section 18.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: TRUEPIC, 7660 Fay Ave. STE H 376, La Jolla, CA 92037 and/or [email protected], Attention: Arbitration Opt-Out, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TRUEPIC username (if any), the email address you used to set up your TRUEPIC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TRUEPIC.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if TRUEPIC makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to TRUEPIC.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Where TRUEPIC requires that you provide an email address, you are responsible for providing TRUEPIC with your most current email address. In the event that the last email address you provided to TRUEPIC is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, TRUEPIC’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to TRUEPIC at the following address: 7660 Fay Ave. STE H 376, La Jolla, CA 92037. Such notice shall be deemed given when received by TRUEPIC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
TRUEPIC shall not be liable to the you for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, civil unrest, acts of civil or military authority, war, embargos, labor disputes, fires, earthquakes, epidemics, floods, unusually severe weather, or shortage or absence of power, without limitation including primary power and failure of backup systems (each a “Force Majeure”).
You will comply with all applicable federal, state and local laws, including, but not limited to, the US Children’s Online Privacy Protection Act, and all other laws and regulations relating to the gathering, handling and dissemination of all data and all rules and regulations and conventions and treaties and the terms and conditions of all applicable third party web sites, platforms or applications.
Copyright © 2018 by TruePic, Inc. All rights reserved.
Last revised: September 25, 2018