WEBSITE TERMS OF USE
API TERMS OF USE

These Terms and Conditions of Use (“Terms of Use”) govern the accessing, viewing or using the content and services under the truoptik.com domain, or any of Tru Optik Data Corp. (collectively, “Tru Optik”, “we”, “us” or “our”) successor websites, including without limitation to any application programming interface (API) associate therewith (collectively referred to as the “Website”). Please read the following terms and conditions and our Privacy Policy carefully. By accessing, viewing or using the Website in any way, you indicate that you understand and fully accept these Terms of Use and that they are binding between you and Tru Optik. If you do not accept these Terms of Use, you should not access, view or use the website in any manner.

Amendments to Terms of Use

Tru Optik reserves the right to change these Terms of Use, in whole or in part, at any time by posting new Terms of Use at this location. We recommend that you come back and review this page from time to time as you are solely responsible for being cognizant of any modifications made. Your use of the Website is governed at all times by the then-current Terms of Use. Your continued use of the Website following any changes to these Terms of Use and Privacy Policy will constitute your acceptance of such changes.

Provided Information

Tru Optik processes any information about you, and information you may have provided us, in accordance with these Terms of Use and our Privacy Policy. By using our site, you agree to such processing and confirm that all the information you provide is accurate. By submitting your name, phone number, and email account information, you agree that we can use these to contact you.

Content

You represent and warrant that (a) all of the information provided by you to Tru Optik and/or the Website is full, complete and accurate; (b) you will not create single account that multiple users will use; (c) you have all necessary right, power, and authority to enter into this agreement and to perform the acts required of you hereunder; (d) you will not use the Website for any unlawful purpose or in violation of any law; and (e) you will not post or transmit through the Website any material that violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, hateful, obscene, profane or otherwise objectionable.

By submitting information or material to Tru Optik and/or the Website, you automatically grant to Tru Optik, or warrant that the owner of such material has expressly granted to Tru Optik, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, perform, display, make derivative works of and distribute such information and/or material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other proprietary rights that may exist in such material (including any moral rights), and to grant and authorize sublicenses thereof. You also agree that any other user of the Website may access, display, view, store and reproduce the material for that user’s personal use. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any of your submissions.

Conduct

You agree:

  • To use the Website for lawful purposes only
  • Not to use the Website contrary to these Terms of Use or in any manner that could damage, disable or impair the Website
  • Not to allow the service and/or any related advertising to be placed on any third party web site
  • Not to adjust, alter, modify, decipher, make derivative works of, disassemble, or reverse engineer the service or any code or documentation furnished by Tru Optik in connection with the Website
  • Not to use our services in any manner which interferes with the performance or functionality of the Website
  • Not to attempt to gain access to secured portions of this site to which you do not retain access rights

Proprietary Rights and Confidentiality

All right, title and interest in and to the site, service, compilations, and other materials related to the service are and shall at all times remain the sole and exclusive property of Tru Optik and are protected by applicable intellectual property laws and treaties. All data related to the site or collected by the service is sole property of Tru Optik. You acknowledge that you do not acquire any ownership rights in or to the service or the data collected.

Warranty Disclaimer

TRU OPTIK MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, MERCHANTALBILITY, RESULTS OF USE, ACCURACY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE WEBSITE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. YOU ASSUME ALL RISK FOR YOUR USE OF THE WEBSITE. TRU OPTIK DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THERE IS NO GUARANTEE MADE BY TRU OPTIK OF ANY RESULTS, INCREASED TRAFFIC, OR USER ENGAGEMENT.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL TRU OPTIK AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO OUR SERVERS, SERVER UNAVAILABILITY, AND ANY PERSONAL INFORMATION STORED THEREIN, AND WHETHER OR NOT TRU OPTIK WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, OVERSIGHTS, ERRORS, OR OTHER INACCURACIES IN THE SERVICE.

IN NO EVENT SHALL TRU OPTIK’S SUMMATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTALITY OF MONIES PAID FROM YOU TO US AS CONSIDERATION FOR USE OF THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) AFTER THE OCCURRENCE.

IN NO EVENT SHALL THE RELEASED PARTIES OR ANY OF THEIR CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF, OR RELIANCE ON, THE SITE OR THE INFORMATION CONTAINED THEREIN, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES OR ITS CONTRIBUTORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR LOST PROFITS OR SIMILAR DAMAGES. IN NO EVENT WILL TRU OPTIK’S LIABILITY TO YOU EXCEED $100. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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."

Indemnity

You agree to indemnity, defend and hold harmless Tru Optik and its directors, employees, agents, affiliates, and clients from and against all demands of liabilities, damage, losses, claims and fees (including attorney’s fees) arising from; your use of the service, data, or code; third party claims based on your access and use of the site; any breach of this agreement by you.

Termination

You may terminate your Tru Optik account by discontinuing use of its services. Tru Optik may terminate or suspend your use of the service at any time without notice or liability. Upon termination of this Agreement, your rights to the service will cease immediately.

Governing Law; Venue

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Connecticut, without regard to conflicts of law rules. Any dispute or claim arising out of or in connection with these Terms of Use shall be adjudicated exclusively in the state or federal courts located in Fairfield County, Connecticut.

Entire Agreement; Amendment; Binding Effect

These Terms of Use constitutes the entire agreement between you and Tru Optik relating to the subject matter hereof and supersede all prior oral and written understandings. Any modifications to these Terms of Use must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued use of the Site after such terms have been updated by Tru Optik. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.

Waiver

No waiver of any provision of these Terms of Use or any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.

Severability

If any part of these Terms of Use, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms of Use or the applications of such provision to other persons or circumstances shall not be affected thereby.

Assignment

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of your right to use the Website, without liability to Tru Optik. Tru Optik may assign its rights under these Terms of Use at any time without notice.

Third Party Beneficiaries

The provisions of these Terms of Use are for the benefit of Tru Optik, and its subsidiaries, affiliates and its contributors and service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Registration and Account Security

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You may not transfer your account to anyone without first getting prior written consent from Tru Optik. If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).

Rights of Third Parties

You will not post content or take any action on that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on the Site if we believe that it violates these Terms of Use. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. You will not use our copyrights or trademarks or any confusingly similar marks, without our prior written consent. If you collect information from users, you will: obtain their consent, make it clear you (and not Tru Optik) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

Payment For Services

If you elect to access any paid component of the Website, you agree to pay all fees and charges associated with your subscription on a timely basis. Tru Optik may change its pricing from time to time, and will communicate any price changes to you. Price changes will take effect at the start of the next billing or subscription period following the date of the price change. By continuing to use the Site after the price change takes effect, you accept the new price.

Technology Limitations and Modifications

Tru Optik will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Tru Optik reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand and agree that Tru Optik has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Website.

Electronic Signature

These Terms of Use will not be "signed" in the sense of a traditional paper document. By using the Website, you acknowledge that you have carefully read these Terms of Use, understand its contents, and understand that this agreement includes an assumption of the risk of Tru Optik’s negligence and a release of its liability. You acknowledge that Tru Optik is materially relying on this waiver and is allowing you to engage in performance of the exercises, stretches, and other activities contained herein. You further acknowledge that you are in fact the signatory of this document, and that you are at least 18 years of age or a parent or legal guardian legally capable of assuming the full responsibility of the minor’s use.

Thank you for using the Tru Optik application programming interface (the "Tru Optik API"). By using the Tru Optik API, you agree to the terms below. If you disagree with any of these terms, Tru Optik does not grant you a license to use the Tru Optik API. We reserve the right to update and change these terms from time to time without notice. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Tru Optik API. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Tru Optik API.

1. Definitions

“Metadata” shall mean any data, images, text, content or other information or materials made available to you by Tru Optik through the API. “Tru Optik Service” means the accessibility and consumption of filtered data through use of our online tools and any service we provide in connection with our API. “Tru Optik Marks” means any trade marks of Tru Optik containing the word TRU OPTIK or any other trade marks as registered or used by Tru Optik from time to time. “User” means a user to whom Tru Optik has issued a unique user name and password that grants access to the Tru Optik Service.

2. Your Status

By registering to use the Tru Optik API you confirm that:

You are legally capable of entering into binding contracts

If you are an individual, you are at least 18 years old

If you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to “you” are to that organization, and not you personally)

By accessing and using the Tru Optik API, you are complying with all applicable laws and regulations in the country in which you are located

3. Using the Tru Optik API

You are responsible for all use of your security details and your account. You must treat your username, password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. We have the right to suspend or close any account with Tru Optik and terminate your right to use the Tru Optik API, if (in our opinion) you have failed to comply with any part of these terms or our website terms. You are responsible for ensuring that all persons who use the Tru Optik API on your behalf are aware of these terms, and that they comply with them. We reserve the right to refuse to provide access to our site to, to provide our services to, or permit the use of the Tru Optik API by, any person.

Acceptable Use

You may only use the Tru Optik API for your own lawful internal business purposes. You will also need to comply with our website terms, as applicable.

Restrictions of Use

You must not use the Tru Optik API in any manner that is not expressly authorized in this Agreement. Without limiting the foregoing, you may not:

  • Sell, resell, rent or lease material from our site, or obtained from use of the Tru Optik API
  • Make service calls via the Tru Optik API to an extent that would adversely impact, in Tru Optik’s sole discretion, Tru Optik’s servers or the Tru Optik Service or make calls that could reasonably have been avoided
  • Duplicate, create derivative works from, republish, download, display, transmit, or distribute the Tru Optik API
  • Modify, edit, disassemble, decompile or reverse-engineer the Tru Optik API
  • Use the Tru Optik API or the Metadata for any illegal or unauthorized purpose
  • Aggregate Metadata to create data bases, or any other compilations of Metadata
  • Use the Tru Optik API or the Metadata in a manner that infringes any intellectual property or other right of Tru Optik or any third party, including without limitation, any right of privacy,publicity, copyright, trade mark, patent or contractual right
  • You shall not interfere or attempt to interfere in any manner with the proper functioning of the Tru Optik API.
  • You must not knowingly introduce any viruses, worms, trojan horses, logic bombs or any other harmful code that could, in Tru Optik’s sole discretion, affect the Tru Optik API or the Tru Optik Service.
  • You are solely responsible for your use of the Tru Optik API and the Metadata. You shall ensure that your use of the Tru Optik API and the Metadata complies with all applicable laws and regulations, including without limitation, laws regarding personal data, privacy, copyright and export controls.

4. Plans

Tru Optik offers several account options with tiered levels of access: Free, Basic, Professional, Enterprise

You may contact us in order to determine what plan options best suite your needs.

5. Metadata Usage

Your use of any of the Metadata is at your sole risk. Paying users of the Tru Optik API may use or display results, usage statistics, and other information derived from the analysis of the Metadata, or using the Tru Optik API, but only for your own internal business purposes.

6. Fees and Payment

Except with regard to any Trial Period, Tru Optik bills its customers in advance on a monthly basis. All amounts due shall be paid in US dollars. Service fees are exclusive of all banking fees and all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such fees, taxes, or duties, excluding only United States income (federal or state) taxes imposed on Tru Optik. Charges for our services are solely based on the selected subscription and our measurement of your use of the Tru Optik API.

7. Terms and Termination

Your license to the Tru Optik API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Tru Optik API endpoints. Tru Optik may terminate the license at any time for any reason. Your rights to use the Tru Optik API terminate automatically if (i) you violate any of these terms, (ii) Tru Optik publicly posts a written notice of termination on Truoptik.com, (iii) Tru Optik sends a written notice of termination to you, or (iv) Tru Optik disables access to the Tru Optik API to you.

8. Indemnity

You agree to indemnity, defend and hold harmless Tru Optik and its directors, employees, agents, affiliates, and clients from and against all demands of liabilities, damage, losses, claims and fees (including attorney’s fees) arising from; your use of the service, data, or code; third party claims based on your access and use of the site; any breach of this agreement by you.

9. Disclaimer of Warranty

Tru Optik does not represent or warrant that Tru Optik’s API is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid. Tru Optik’s API is provided "as is" with no warranty, express or implied, of any kind and Tru Optik expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Tru Optik API is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of the Tru Optik API including, but not limited to, any damage to your computer system or loss of data.

10. Limitation of Liability

Tru Optik shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Tru Optik API, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Tru Optik has been advised of the possibility of such damages. Under no circumstances shall Tru Optik be liable to you for any amount.

11. Entire Agreement

These terms (including website terms and privacy policy) are the entire agreement between you and Tru Optik regarding your use of Tru Optik Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter.