LAST UPDATED: MARCH 2020
This Terms of Use is provided for websites operated by True Citrus Company (“True Citrus”, “Company”, “we”, “us” or “our”) found at www.truelemon.com and other domains by which we provide products and services online (collectively “Website”). The Website is offered to you, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Please read these Terms carefully. Your use or access of the Website constitutes your acknowledgment that you have read and agreed to the Terms and all applicable laws and regulations, including your compliance with any applicable local laws. Some of our products and services are subject to additional terms and conditions, or guidelines (“Additional Terms”) (for example, contest, special offers, or custom content). In the event that any provision of the Terms conflict with the Additional Terms, then the Terms shall control. If you do not agree with these Terms or any Additional Terms, you shall not use or access the Website.
1. COMPANY RIGHT TO MODIFY TERMS. You are responsible for regularly reviewing these Terms. Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Website or these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to a Website. Your continued use of the Website following any changes to these Terms will mean you accept these changes.
2. SITE USE. The Website and other linked pages, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith are owned and operated by Company. Subject to the provisions of these Terms, Company may offer to provide certain services, as described more fully on the Website, that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website, special offers, contests and any service Company performs for you, use of Company services through authorized third parties, and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Nothing in these Terms transfers any rights to you or any third party except as expressly set forth herein. If you make any use of the Services other than as provided herein, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, in addition to breaching these Terms, and you may be subject to substantial damages.
3. MISUSE OF SITE. Company reserves the right to restrict or terminate your access to the Website, including, without limitation, your access to any or all of the Services or your ability to use any the Website user ID and/or password, at any time without notice if we believe you have violated these Terms or the Additional Terms, or are likely to violate these Terms or the Additional Terms. Company may also change, suspend, or discontinue any aspect of the publicly available portion of the Website at any time, including the availability of any the Website feature, database, or content. Your sole remedy against Company in the event of a dispute arising out of these Terms, the Website, or your use thereof, is to terminate these Terms by ceasing your use of the Website. In the event of termination of these Terms, Company may delete and/or store, in its discretion, your Materials (defined in Section 6) and data associated with your use of the Website.
4. RESTRICTIONS ON USE. You agree to use the Website only for lawful purposes and in accordance with as provided herein. Specifically, you agree that you will not:
- Transmit to the Website any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
- Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with the Website materials or accessed through the Website. Use the Website to conduct or forward surveys, contests, pyramid schemes or chain letters.
- Use the Website to send any bulk commercial email, or send any unsolicited email to any party. Harvest or otherwise collect information about others on the Website, including e-mail addresses.
- Use the Website or the Services in any manner which could damage, disable, overburden, tamper with, impair, or disrupt the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services.
- Attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Website (or the servers, networks, and databases connected to the Website).
- Access (or attempt to access) the Website through any robot, spider, or other automated means (including use of scripts or web crawlers).
- Use the Website in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
- Violate any code of conduct or other guidelines which may be applicable to any particular the Website services.
- Violate any applicable laws or regulations, including any intellectual property laws or regulations, or violate these Terms.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of the Website server.
- Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website, including misrepresentation as a Company agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity;
- Screen scrape, monitor, mine, copy, or mirror the Website.
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.
- Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
- Impersonate or attempt to impersonate us, our employees, another use, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
You are solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.
5. INFORMATION DISCLOSURE.
5.1 Disclosure under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Company’s sole discretion.
5.2 Providing Correct Personal Information. In the course of using the Website, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide Company with full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by Company.
6. MATERIALS
6.1 License in Materials. Company does not claim ownership of any data, information (both personal or otherwise) or other materials that you enter through the Website (collectively, “Materials”). There are two types of Materials: (a) Materials relating to you and your family that are uploaded for purposes of registering for the Services (collectively, “Account Materials”), and (b) Materials that are uploaded by you for purposes of general dissemination, such as posting images and other content, participating in forums, commenting on the blog, or providing Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting Company, its affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to (i) post your Account Materials for your access and use, (ii) make those uses of your Account Materials that are either identified at the time you provide such Account Materials or can reasonably be anticipated by you, (iii) use your Account Materials in the manner specified in the Privacy Policy, and (iv) archive your Account Materials thereafter. Account Materials are only retained by Company as long as reasonably necessary to provide the services for which such Account Materials were submitted. By Submitting any General Materials, you are granting Company, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials for use for any purpose, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against Company Entities (defined below) and any the Website users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you Submit to Company any Account Materials for the purpose of making such materials generally accessible to other the Website users, such as for use as part of a content submission, such materials will be deemed General Materials and you grant Company a General Materials license in such materials.