TRUETRAC Blog

These Website and Blog Terms & Conditions of Use were created and posted on April 15, 2011.

PLEASE REVIEW BEFORE USING THIS BLOG – IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.

General Description

Welcome to TrueTracBlog.com (”TTB”). The mission of TTB and TRUETRAC LLC (“TTLLC”) is to provide information and resources of value to individuals, businesses, and groups interested in the TRUETRAC brand, mobile software for the fresh produce industry, as well as related information and services (the “Services”). To provide the Services, TTB and TTLLC have to set forth some ground rules in this document (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services TTB and TTLLC provide to you, you agree to abide by the Terms.

TTLLC may change the Terms from time to time, at TTLLC ’s sole discretion. Your continued use of this blog and associated pages following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of TTB to review the current version of the Terms.

This blog may include information which is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create an official relationship of any kind between the user and TTB and/or TTLLC.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

THIS BLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTB AND TTLLC  MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TTB AND TTLLC, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

TTB AND TTLLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL TTLLC OR TTB OR ANY OF THEIR RESPECTIVE EMPLOYEES OR DIRECTORS OR CONSULTANTS OR EDITORIAL CONTRIBUTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO FROM THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF TTB OR TTLLC,  ITS PARTNERS, SUPPLIERS, DISTRIBUTORS OR CONTRACTORS  OR LICENSORS OR EDITORIAL CONTRIBUTORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF TTB OR TTLLC, ITS SUPPLIERS AND LICENSORS OR EDITORIAL CONTRIBUTORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Account

Registration

To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with TTB (”TTB Account”). You represent and warrant that all information provided by you to TTB is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of TTB Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and TTB Account(s). You understand and agree that you are fully responsible for all actions and postings made from your TTB Account(s). Any accounts you create are not transferable. You agree to notify TTB immediately if you become aware of any unauthorized use of your TTB Account(s).

Termination

TTLLC reserves the right to terminate your TTB Account or restrict access to your TTB Account, to delete any content posted through your TTB Account, or to delete any content posted by you as an unregistered user, with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Browsing

You understand that material made available by TTB is a product of both a business and community effort and may not necessarily represent the view of TTB or TTLLC. TTB and TTLLC, assume no responsibility for the accuracy, suitability, or completeness of any content provided, including but not limited to blog entries, blog comments, content linked to, links, or any other content that may be found on TTB.

Linking

You understand that TTLLC has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that TTB or TTLLC endorses or is affiliated with any third-party website. You agree that TTB and TTLLC bear no responsibility or liability for any content accessed or harm caused from any third-party website.

TTB License

By posting or contributing content – including comments – using these Services, you are granting TTB and TTLLC a non-exclusive, royalty-free, perpetual, and worldwide license to use your posted or contributed content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.

Content

Contributed TTB content – including comments – should be relevant to the subject scope of TTB. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

TTLLC and TTB does not pre-screen any contributed content, including comments, but TTLLC and TTB have the right (though not the obligation) to remove, without notice, any content, including comments, posted which TTLLC or TTB  considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. TTLLC and TTB may terminate any account, with or without notice, for posting such content. TTLLC and TTB may temporarily or permanently block offending commenters’ IP (Internet Provider) addresses if a commenter has posted comments that are threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, abusive, off-topic, used excessive foul language, or include ad hominem attacks. This means the abusive commenter is banned from commenting on TTB in the future, even if the later comments are not abusive.

User Representations and Warranties

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of confidentiality, privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, confidentiality agreement, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, off-topic, uses excessive foul language, or includes ad hominem attacks, or obscene or pornographic material, or other material that would violate applicable local, state, or federal law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Indemnities

You acknowledge and agree to indemnify and hold TTB and TTLLC, their affiliates, officers, employees, partners, advisors, consultants, distributors and agents, harmless, including for costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

Privacy

Please read our Privacy Policy, which is incorporated herein by reference.

Commenting Guidelines

Please read our Community & Commenting Guidelines, which are incorporated herein by reference.

Other Terms

Modifications

TTLLC and TTB reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

Termination of Service

TTB and TTLLC disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. TTLLC and TTB reserve the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Service Providers

We may employ third party companies and individuals to facilitate the Site and to perform Site-related (e.g., without limitation, maintenance, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site is being used. These third parties will have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Business Transfers

TTLLC and TTB may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Extent of Terms

The Terms apply to use of and contribution to the TTB website and any account provided therefore. TTB may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms

Failure of TTLLC and TTB to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of State of California, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue shall be the Monterey County Superior Court, which is located in the State of California in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it.

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Website and Blog Terms & Conditions of Use were created and posted on April 15, 2011.