Term Condition

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) set forth the terms and conditions that apply to your use of the Trugamer website (the “Site”) and any and all affiliated websites (collectively, “Services”). By using the Services, you agree that you have read, understand and agree to be legally bound by these Terms.

• By using or accessing the Services, you agree to these Terms, whether you are a registered user or not. If you do not agree to these Terms, please do not use the Services. These Terms shall remain in full force and effect so long as you are a user of the Services, and you may still be bound by certain obligations even after your use of the Services terminates. The Services and the Site are not designed or intended for use by people who are under 18, and thus all users must be at least 18 years of age.

  Trugamer, in its sole discretion, may change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

2. PERMITTED USE

• The Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by Trugamer, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, "deep linking"), without Trugamer’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

3. REGISTRATION, ACCOUNTS AND PASSWORDS

• If you register an account on the Site, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You are solely responsible for maintaining the confidentiality of your username, password and other account information, and you are solely responsible for all use of your username, password or other account information, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Trugamer of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Trugamer may terminate your membership and access to the Services if we learn that you have provided false or misleading registration data. If Trugamer, in our sole and absolute discretion, determines that your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account.

We may use the email address you provide to us to send you Site and Services messages and updates. By becoming a user of the Site, you are consenting to the receipt of these communications.

Trugamer may terminate your account for certain reasons, including violation of the letter or spirit of these Terms, or any behavior that is harmful to other users, third parties, or the business interests of Trugamer, as determined in our sole and absolute discretion. You may not create another account if we suspend or terminate your account for any reason, without our express written permission.

4. USER CONTENT

• Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, data, text, and other types of works ("User Content") and to publish User Content on the Site. You are responsible for all User Content that you post on or transmit through the Site and the consequences related thereto.

Trugamer does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. Trugamer disclaims any and all liability in connection with User Content, and you agree that Trugamer and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

By providing User Content via the Site, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Trugamer and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Trugamer, the Site, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain any personal identifying information of any other person; or (iv) cause Trugamer to violate any law or regulation or otherwise cause liability for Trugamer.

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

5. LICENSE TO USER CONTENT

• By posting, displaying, uploading, or providing User Content to the Site, you hereby grant Trugamer a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

6. SOLE DISCRETION TO EDIT OR SCREEN USER CONTENT THIRD PARTY LINKS

• Trugamer does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Trugamer is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. Trugamer reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time Trugamer chooses, in its sole discretion, to monitor the Site, Trugamer nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
• The Site may contain links to third-party websites and online services that are not owned or controlled by Trugamer. Trugamer has no control over, and assumes no responsibility for, such websites and online services. Be aware of the foregoing when you leave the Site. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.

7. ACCEPTABLE USE

• You are responsible for your use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:
• violate any law or regulation.
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights.
• post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
• submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation
• advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent
• submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content.
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site.
• alter or tamper with any Contents, information, or materials on or associated with the Site.
• transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user.
• disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way.
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• impede or interfere with others' Use of the Site.
• abuse, defame, threaten, intimidate, stalk, harass, or harm another individual.
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.
• use any robots, spiders, scrapers, or any other automated means to access the Site for any purpose.
• use any means to scrape or crawl any web pages contained on the Site.
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site.
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site.
• advocate, encourage, or assist any third party in doing any of the foregoing.

8. TERMINATION

• These Terms constitute an agreement that is effective unless and until terminated by Trugamer. Trugamer may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account at any time by contacting Trugamer customer service. If in Trugamer’s sole discretion you fail to comply with any term or provision of these Terms, Trugamer may terminate your Account and deny you access to the Site. In the event of denial of access by Trugamer, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) all provisions of these Terms which are by their nature intended to survive termination shall survive termination.

9. DISCLAIMER; LIMITATION OF LIABILITY & INDEMNITY

• THIS SITE, ALL CONTENTS, AND ALL SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. TRUGAMER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUGAMER DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NORDSTROM ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TRUGAMER OR ANY RELATED ENTITIES OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.

TRUGAMER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR ANY SERVICES, OR WITH ANY OF TRUGAMER’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRUGAMER AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Trugamer through the Site during the prior six (6) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

10. APPLICABLE LAW AND VENUE; LIMITATION OF LEGAL ACTION

• The law applicable to the interpretation and construction of these Terms and the relationship between you and Trugamer shall be the laws of the State of Nevada, without regard to principles of conflict of laws. You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the State of Nevada. You and Trugamer consent to the jurisdiction of the federal or state courts of Clark County, Nevada and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
• YOU AND TRUGAMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. ADDITIONAL TERMS; MISCELLANEOUS

• Please review our other terms and policies posted on the Site, including the Privacy Policy ("Additional Terms"). The Additional Terms also govern your use of the Site and are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and Trugamer relating to the subject matter addressed herein.

We reserve the right to modify, suspend, or discontinue the Site and any Service, content, or features offered through the Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, or feature offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. Your continued use of the Site will constitute your acceptance of the current Terms.

The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without Trugamer’s prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.

12. NOTICE TO CALIFORNIA USERS

• Pursuant to California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at Consumer Information Center, 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, by telephone at (800) 952-5210, or online at https://www.dca.ca.gov/webapplications/apps/complaint/index.shtml.