Terms of Service  

Last Updated September 20, 2022
Coachee Agreement

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Trula Inc (“Trula”, "Company", “we”, “us”, or “our”), concerning your access to and use of the trulacampus.org website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, and any coaching service or other Trula service (collectively, the “Trula Services”). You agree that by accessing Trula Services, you have read, understood, and agree to be bound by all of these Terms of Service, including the Terms of Service posted on Trula’s website, which are incorporated into these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE Terms of Services, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING TRULA SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental Terms of Service or documents that may be posted on Trula’s website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Service every time you use Trula Services so that you understand which Terms of Service apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of Trula Services after the date such revised Terms of Service are posted.

The information provided in Trula Services 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Trula Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Trula Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use Trula Services. You may not use Trula Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Trula Services are intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Trula Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to using Trula Services.

2. TERMS OF COACHING SERVICE

Coaching is NOT Therapy, Counseling or Healthcare

A TrulaCampus™ Coach is a peer coach. Peer coaches use a process of inquiry, reflection, and empathetic listening to help students set and achieve academic, social, and personal goals. COACHING IS NOT THERAPY OR COUNSELING. By participating in Trula’s TrulaCampus™ Coaching program or purchasing the program for another, you acknowledge that you understand the important legal, professional, and functional differences between peer coaching and professional mental health or medical care services. Furthermore, you acknowledge that you understand that TrulaCampus™ Coaches do not provide licensed professional services. If a coachee needs, or think they may need, mental health or medical services, immediately contact the appropriate qualified licensed provider. 

While a peer coach is trained to facilitate a coaching discussion, a peer coach is not a professional. The peer coach will draw from their personal knowledge and experiences which may be limited. The main goal of the coach is to assist the coachee in finding their own answers and help them tap into their ability to set and achieve goals that they may choose. The impact of peer coaching depends upon several variables and any participant should not expect, and is not guaranteed, any specific outcome or result from the coaching process.

Relationship

The relationship of the coachee with the peer coach is a formal, but not professional relationship. In order to preserve this relationship and maximize the benefits of peer coaching, it is important that the peer coaching relationship focuses only upon the coaching process. 

Confidentiality

The peer coach has agreed to maintain confidentiality and only share information about the coaching interactions with their coach coordinator or others as needed

The coach coordinator will have access to all coach notes and maintains the confidentiality of their contents, other than when a student has indicated that they may be a danger to themself or others and must make an official report to appropriate authorities.

Frequency and Method

To increase the impact and effectiveness of coaching, it is most beneficial for the coach and coachee to meet regularly in coaching sessions. These sessions should ideally be scheduled once a week for 30 minutes. The sessions can be conducted through text, phone, or video, but are always conducted remotely.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Trula Services is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, services methodology and related content  (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in Trula Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of Trula Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use Trula Services, you are granted a limited license to access and use Trula Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Trula Services, the Content and the Marks.

4. USER REPRESENTATIONS

By using Trula Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not under the age of 16; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Trula Services; (6) you will not access Trula Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use Trula Services for any illegal or unauthorized purpose; and (8) your use of Trula Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Trula Services (or any portion thereof).

5. USER REGISTRATION

You may be required to register with Trula Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. FEES AND PAYMENT

We accept the following forms of payment:

  • Visa
  •  Mastercard
  •  American Express
  •  Discover

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via our website. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through our website.

7. CANCELLATION

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at yourfriends@trula.co or call us at 435-767-1166.

8. PROHIBITED ACTIVITIES

You may not access or use Trula Services for any purpose other than that for which we make Trula Services available. The Trula Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Trula Services, you agree not to:

  • Systematically retrieve data or other content from Trula Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of Trula Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Trula Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or Trula Services.
  • Use any information obtained from Trula Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use Trula Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to Trula Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Trula Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Trula Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on Trula Services or the networks or services connected to Trula Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Trula Services to you.
  • Attempt to bypass any measures of Trula Services designed to prevent or restrict access to Trula Services, or any portion of Trula Services.
  • Copy or adapt Trula Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Trula Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Trula Services, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the website.
  • Make any unauthorized use of Trula Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use Trula Services part of any effort to compete with us or otherwise use Trula Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

  9. USER GENERATED CONTRIBUTIONS

Trula Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Trula Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of Trula Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with Trula Services Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Trula Services, and other users of Trula Services to use your Contributions in any manner contemplated by Trula Services and these Terms of Service.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Trula Services and these Terms of Service.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
  • Any use of Trula Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use Trula Services.

  10. CONTRIBUTION LICENSE

You and Trula Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding Trula Services, you agree that we can use and share  such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on Trula Services. You are solely responsible for your Contributions to Trula Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Trula Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.

13. WEBSITE

We reserve the right, but not the obligation, to: (1) monitor Trula Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from Trula Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage Trula Services in a manner designed to protect our rights and property and to facilitate the proper functioning of Trula Services.

Trula provides and facilitates health and wellness coaching services. Trula Services are strictly limited to health and wellness coaching and do not extend to professional mental health care or medical care and should not be utilized as a replacement for professional mental health care or medical care services.  By accessing our website, you acknowledge that you understand the important legal, professional, and functional differences between health and wellness coaching and professional healthcare services, and acknowledge that you understand that Trula does not provide licensed professional healthcare services. If you need healthcare services, seek the opinion of a qualified, licensed healthcare provider.

The materials contained on this website are intended for informational purposes only and are not intended as professional advice, and are not intended to aid in the diagnosis or treatment of any medical condition. By accessing and using this website, such use shall constitute your agreement that the materials contained herein are not professional healthcare advice, must not be relied upon as such, and that no professional relationship has been created between you and Trula for medical advice, seek the opinion of a qualified, licensed healthcare provider. The information contained in this website is believed accurate when made, but may not be complete, is not updated, reviewed, or revised on a regular basis, and may not apply to your particular circumstances. Any use of the materials contained herein shall be done at your own risk.

This website contains links to external websites which are not affiliated with, nor maintained by Trula and we hereby disclaim responsibility for the content or performance of these third-party websites.

  14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.trulacampus.org/privacy-policy. By using Trula Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised Trula Services is hosted in the United States. If you access Trula Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of Trula Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 16 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from Trula Services as quickly as is reasonably practical.

15. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use Trula Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF TRULA SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Service OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN TRULA SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of Trula Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of Trula Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Trula Services.

We cannot guarantee Trula Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Trula Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Trula Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Trula Services during any downtime or discontinuance of Trula Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support Trula Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Terms of Service and your use of Trula Services are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Utah, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.  

19. CORRECTIONS

There may be information on Trula Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Trula Services at any time, without prior notice.

20. DISCLAIMER

TRULA SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF TRULA SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH TRULA SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF TRULA SERVICES’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO TRULA SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TRULA SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TRULA SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TRULA SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TRULA SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TRULA SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF TRULA SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of Trula Services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Trula Services with whom you connected via Trula Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to Trula Services for the purpose of managing the performance of Trula Services, as well as data relating to your use of Trula Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Trula Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through Trula Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA TRULA SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

26. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on Trula Services or in respect to Trula Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of Trula Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

27. CONTACT US

In order to resolve a complaint regarding Trula Services or to receive further information regarding use of Trula Services, please contact us at:

Trula Inc
453 South 600 East #147
St. George, UT 84770
Phone: 435-767-1166
yourfriends@trula.co