Terms & Conditions of Use

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Voiced Truth LLC (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website VoicedTruth.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

PRIVACY POLICY

Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

NO USE BY MINORS

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.

LAWFUL PURPOSES

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only.

You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

USE OF FREE DOWNLOADABLE CONTENT

We may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.

You agree that you may only use the Gated Content for your personal or internal business use. You agree that you will not sell, redistribute, or create any derivative works based upon the Gated Content and you will not offer any competing products or services based upon any information contained in the Gated Content.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant us, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

We claim no intellectual property rights over your Submissions. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.

You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner, and the burden of determining that any Submissions are not so protected rests entirely with you.

By making a Submission to the Website, you represent or warrant that you own or otherwise control all the rights to your Submission described herein, and that the use or display of the Submission as contemplated will not violate any laws, rules, regulations, or rights of third parties.

You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from your Submissions.

You further grant us the right to use your Submission for improving our Website, products, or services (and for any other purpose we deem necessary or desirable) without paying compensation. We are under no obligation to post or use any Submission and may remove any Submission at our sole discretion.

If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to us or to our licensors (“IP”).

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit any of our IP in whole or in part without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.

The Content is not for resale. You agree not to delete or alter any proprietary rights or attribution notices in any Content. You do not acquire any ownership rights in any protected content. No licenses are granted except as expressly authorized by these Terms.

Our name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are the trademarks of our Company or of our affiliates or licensors. You must not use such marks without our prior written permission.

CHANGED TERMS

We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Changes are effective immediately upon posting.

If you continue to use our Website after revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimers.

NO WARRANTIES

To the maximum extent permitted by law, we provide our website and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.

ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.

NO GUARANTEE OF AVAILABILITY

Your use of the Website may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice.

We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided on or available for download from the Website.

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code, we do not guarantee or warrant that our Website does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code.

SECURITY

The security of your contact information is important to us. However, you acknowledge the risk of unauthorized access to or alteration of your data. We do not accept responsibility for losses resulting from unauthorized access or alteration. All information transmitted is transmitted at your own risk.

THIRD-PARTY RESOURCES

The Website may contain links to external websites not provided by, maintained by, or affiliated with us. We are not responsible for the availability, accuracy, relevance, timeliness, or completeness of external websites. You assume all risk arising from use of such sites.

We may provide information from third parties (guest posts, interviews, etc.). We do not control or verify such information and cannot guarantee the veracity of statements by third parties.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including attorney’s fees, arising out of your breach of these Terms, your use of the Website, or any product or service purchased.

EFFECT OF HEADINGS; SEVERABILITY

Headings are for convenience only and do not affect interpretation. If any portion of these Terms is held unenforceable, the remainder shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between us pertaining to the Website and supersede all prior agreements. No waiver shall be binding unless executed in writing.

GOVERNING LAW; JURISDICTION

These Terms shall be construed in accordance with and governed by the laws of the State of New Mexico. The courts of New Mexico shall have jurisdiction over disputes, and any proceeding must be filed exclusively in the appropriate courts located in Santa Fe County, New Mexico.

ALTERNATIVE DISPUTE RESOLUTION

The parties agree to attempt to resolve disputes arising out of or relating to these Terms by mediation. Good faith participation in mediation is a condition precedent to pursuing other remedies.

ALL RIGHTS RESERVED

All rights not expressly granted are reserved by us. If you do not see a usage scenario here that applies to your intended usage, contact us at Stipo@VoicedTruth.com.

CONTACT INFORMATION

The owner of this website is Voiced Truth LLC. You may contact us by email at Stipo@VoicedTruth.com.