PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING TRUE LIFE CAPITAL’S WEBSITE (“Website”). These Terms and Conditions of Use ("Terms") are intended to constitute a binding agreement that conditions your use of the Website of True Life Capital and its affiliates (“TLC”, “we”, “our” or “us”).
By using the Website, you acknowledge that you have read these Terms and you agree to be bound by them without limitation or qualification. If you do not agree to these Terms, do not use the Website. Our Privacy Policy constitutes part of these Terms and is hereby incorporated by reference. We reserve the right, at our discretion, to change these Terms at any time without prior notice. The revised Terms will become effective at the time of posting, and any use of the Website after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, do not continue to use the Website. We suggest that you review these Terms periodically for changes.
True Life Capital will not treat users of the Website as its clients by virtue of their accessing the Website. Nothing contained in these Terms is intended to modify any other written agreement you may have with us, if any, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with us, the terms of the other written agreements shall control. Additional terms and conditions of use may be applicable to password-restricted areas of the Website.
Disclaimer and Limitation of Liability
NOTHING CONTAINED ON THE WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED ON THE WEBSITE CONSTITUTES A SOLICITATION, OFFER OR RECOMMENDATION BY TRUE LIFE CAPITAL, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. THE INFORMATION ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, IS SOLELY PRODUCT-RELATED AND DOES NOT TAKE INTO ACCOUNT ANY PERSONAL CIRCUMSTANCES AND DOES NOT QUALIFY AS GENERAL OR PERSONAL INVESTMENT RECOMMENDATION OR ADVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THE WEBSITE AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD TRUE LIFE CAPITAL AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, STOCKHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TRUE LIFE CAPITAL MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE WEBSITE MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUE LIFE CAPITAL AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUE LIFE CAPITAL AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE WEBSITE OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF TRUE LIFE CAPITAL, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF TRUE LIFE CAPITAL AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO TRUE LIFE CAPITAL, IF ANY, FOR YOUR ACCESS TO THE WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Restrictions on Use of Website and Website Materials
By accessing the Website, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable, personal license to access and use the Website for your informational purposes only. This license is subject to your compliance with these Terms, the Privacy Policy and all other posted terms and conditions on the Website. You may not reproduce, publicly perform, publicly display or distribute any information and materials available on the Website except as otherwise expressly authorized on the Website, or copy, modify or make any derivative works of the Website or information or materials available on the Website, in whole or in part. This license will terminate immediately upon your unauthorized use of the Website or any information or materials available on the Website. All rights not expressly granted to you in these Terms are reserved.
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by True Life Capital and/or its affiliates. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without True Life Capital’s written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of True Life Capital and/or its affiliates. True Life Capital does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the Website.
You agree not to: (a) “flood,” “spam,” “mailbomb” or overload any of the Website or otherwise take any action that may result in damage, impairment or overload of any of the Website’s infrastructure; (b) use any device, software or routine to attempt to interfere with any of the Website’s functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Website to harvest, extract or collect information from the Website; (d) attempt to decompile, disassemble or reverse-engineer any of the Website’s source code or software; (e) impersonate any person or entity other than yourself or create a user account for anyone other than yourself; (f) create another user account without permission if True Life Capital has suspended or terminated your user account; (g) use the Website to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (h) assist or encourage violations of these Terms, the Privacy Policy or applicable laws or regulations; (i) use any hidden text or metatags using “True Life Capital” or any of our trademarks, service marks or names without our prior written consent or (j) violate or attempt to violate the security of any of the Website (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Website’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).
If you violate any part of these Terms, your permission to access or use the Website and content of the Website automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Website and prevent your future access to and use of the Website.
Copyrights and Copyright Agent
True Life Capital respects the rights of all copyright holders and in this regard, we adopted and implemented a policy that provides for the removal from our Website materials that infringe the rights of copyright holders. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide please provide True Life Capital’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
True Life Capital’s Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
True Life Capital
Attn: Copyright Agent
1601 19th Street, Suite 550-B
Denver, CO 80202
Email: info@truelifecapital.com
Transmissions To and From the Website
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Website may not be secure. Any communications to True Life Capital should be sent to the contact information provided in the “Contact” section of the Website. You are responsible for any content that you post on the Website or submit to us via contact forms on the Website, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By submitting any User Materials, you hereby grant to True Life Capital an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to True Life Capital via the Website or otherwise, you hereby assign to True Life Capital all rights in the Feedback and agree that True Life Capital may use such Feedback for any purpose without compensation to you. True Life Capital will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to True Life Capital any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms.
Password Security and Notification
Access to certain parts of the Website may require a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the Website’s registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify True Life Capital immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. True Life Capital is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Links to Other Web Sites and Services
True Life Capital does not review or monitor any websites linked from or to the Website and we will not be responsible for the content of any such linked websites. If you decide to access linked websites, you do so at your sole risk. Neither True Life Capital nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by True Life Capital or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Website without the express prior written consent of True Life Capital. True Life Capital reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Website.
Waiver
No waiver by True Life Capital of any right under a term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Intended Audience
This website is intended for adults only. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), this website is not intended for any children under the age of 13.
Prohibited Conduct
In addition to the acts prohibited elsewhere in these Terms, the following acts are prohibited when using this Website: actions that cause or may cause disadvantage or damage to us or third parties; any act that infringes or may infringe the privacy of our officers or employees or any third party; acts that defame or discredit us or third parties; acts that infringe or may infringe on the property or intellectual property of us or third parties; making false declarations or notifications, such as registering a third party’s e-mail address falsely claiming it to be one’s own; criminal acts or acts that lead or may lead to criminal acts; acts that use or provide or may use or provide harmful programs such as computer viruses; actions that violate or may violate laws, regulations, or ordinances; acts that are or may be offensive to public order and morals; other activities that we deem inappropriate for reasonable reasons.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Legal Disclosures
Any offering made by The True Life Companies is for Accredited Investors and certain financial institutions (“Investors”) only pursuant to exemptions from registration provided by Section 4(a)(2) of the Securities Act (the “Act”). Specifically, The True Life Companies will rely on Rule 506(c) of Regulation D promulgated under the Act, and exemptions available under applicable state securities laws. Persons desiring to invest in The True Life Companies will be required to make certain representations and warranties regarding their financial condition. Such representations include, but are not limited to, certification that such person is an accredited investor, as defined in Rule 501 of the Act.
Applicable Law
You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and The True Life Companies or its affiliates.
Severability
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Relationship of the Parties
Nothing contained in these Terms or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Other
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Policy and other posted policies on the Website, together represent the entire agreement between True Life Capital, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Website and our rights and duties under these Terms, the Privacy Policy and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms in any respect.