Consumer Terms of Use
NIDIANT™ CORPORATION TERMS OF USE for Truehome™ and Truehome.net
Truehome™ and Truehome.net (collectively known as “The Service") are interactive, self-directed, systematic processes designed to help consumers make informed decisions about home related projects. Truehome™ is the trademark of the Nidiant Corporation, a Texas corporation with offices at 590 Bauer Rummel Road in Round Top, Texas 78954 ("The Company"), which wholly owns Truehome.net. This is a legal agreement ("Agreement") between you and The Company; please read the Agreement carefully before registering for or subsequently buying products or services.
By clicking on the “I Accept" button on the signup page, you will become a registered user of the Nidiant ™ Corporation (a "Registered User") and you agree to be bound by The Terms and conditions of this Agreement ("The terms") for as long as you continue to be a Registered User. The Terms are subject to change by The Company in its sole discretion at any time, with or without notice. Please check The Company website, currently located at www.Truehome.net ("The Site") periodically for changes. Your use of this Site or Truehome™ products or services after the posting of changes to this agreement will constitute your acceptance of such changes. Truehome™ is designed for U.S residents and it may not be accessed in any states where it is prohibited by law
a. Minimum Age to Use The Service. You must be at least 18 years old to become a Registered User and to use The Service. By registering for The Service, you represent and warrant that you are at least 18 years old.
b. Exclusive Use. Your account is for your use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except as otherwise authorized by The Company. You acknowledge that The Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
As a Registered User you acknowledge and agree that:
a. You will only use The Service in a manner consistent with this Agreement and any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. You agree that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, The Service is void where prohibited. To the extent that The Service or its use are not legal in your jurisdiction, you may not use The Service.
b. You hereby acknowledge and agree that The Company's highly valuable proprietary information includes, but is not limited to, all testing methods, written content, questions and answers, exercises, referral systems, database technologies, EMP and MEP text, graphics, audio, video or rich media content, or other content provided to you by or on behalf of The Company via Truehome.net or otherwise (together "Company Confidential Information"). Other than as authorized by The Company or as necessary to utilize the features of The Service via channels provided by The Company or The Service, you will not post, copy, modify, transmit, show in public, create any derivative works from, distribute, or reproduce in any way any (i) Company Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via The Service, without first obtaining the prior written consent of the owner of such proprietary rights. You also agree not to use The Company Confidential Information except as reasonably necessary for you to use Truehome™ in accordance with The Terms and conditions hereof.
c. You are solely responsible for (i) the information you contribute to Truehome™ through its exercises and products, your responses to the exercises and other use of Truehome™ where your input is solicited; (ii) the information you post or otherwise make available to Registered Users through the electronic posting areas offered by Truehome™; and (iii) your interactions with other Registered Users through the use of Truehome™ products.
d. The Company offers tools and relationship tips designed to enable you to enhance your experience of your home, your relationships in your home, and your relationships with professionals who might help you create or buy or renovate a home. However, you understand that such tools and relationship tips and all other aspects of Truehome™ are only exercises and that The Company makes no guarantees, either express or implied, regarding any transactions, financial or otherwise, states of being, emotional or psychological conditions, or results of relationships established before, during, or after purchasing Truehome™ products and completing the programs it offers. The users of Truehome™ will not receive any therapy or counseling from any NIDIANT™ Corporation employees or any third party affiliated with the NIDIANT™ Corporation and/or Truehome™ as part of its products and services, and no human intervention is included in The Service with the exception of our professional referral service. The Service does not offer therapy, counseling, diagnosis, assessment, treatment, or evaluation services. The Service is not a professional marriage therapy service and no marriage counselors or therapists are involved in the interaction of The Service with registered users. The Service is not a substitute for professional marriage therapy or counseling. You are urged to consult a licensed marriage therapist or counselor if you believe that such services may be beneficial to you or to your relationship.
e. You will promptly report to The Company any violation of The Terms of this Agreement by other Registered Users.
f. The Company reserves the right, but has no obligation, to monitor the information you submit to The Service and the materials you post in the public areas of The Service. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement.
a. The Company owns and hereby retains all proprietary rights in The Service and The Site. The Service and The Site contain copyrighted material, trademarks, and other proprietary information of The Company, its licensors and other third parties. Other Registered Users may not post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. No rights or licenses are granted hereunder other than the limited, non-exclusive license to use The Service in accordance with The Terms and conditions of this Agreement for your personal use during the term hereof. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any Company or third party proprietary information available via The Service or The Site.
b. By posting information or content to any public area of The Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
PATENT PENDING: The Truehome.net website contains unique and novel technology and concepts that are the subject of a pending patent application. All rights relative to that claim remain the property of the filing and all such rights are reserved hereby.
COPYRIGHT NOTICE: Copyright © 2006 - 2007 NIDIANT™ Corporation. All Rights Reserved. Truehome™, Truehome™ Workshop, and NIDIANT™ is/are trademarks or registered trademarks of The Company. All other trademarks, trade names, service marks and service names are the property of their respective holders.
a. For information about the collection and possible use of information provided by you, please click on The Company's Privacy Policy located on The Site. By using The Site or The Service, you are consenting to The Terms of The Company's Privacy Policy.
b. The Company reserves the right to disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with any legal process; (2) protect and defend The Company's rights or property; or (3) act in an emergency to protect someone's health or safety.
c. Notwithstanding any other provision of this agreement or the Privacy Policy, The Company reserves the right, but has no obligation, to disclose any information that you submit to The Service, if in its sole opinion, The Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse of any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that The Company, in its sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that The Company is permitted to make such disclosure.
d. By using NIDIANT™’s Truehome™ Professional Matching Service (Service), and all other aspects of Truehome™, you agree to allow The Company to anonymously use the information from you and your experiences through The Service to continue The Company's research into environmental psychology, residential architecture, and systems processes, and to improve The Service. This research, conducted by psychologists, psychometricians and behavior research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personal identifying information will ever be published. We will make available additional information about such research on The Site. For additional information about the collection and possible use of information provided by you, please click on the TRUSTe logo that appears at the bottom of the home page for The Company web site for information on The Company's Privacy Policy.
e. NIDIANT™ Corporation also reserves the right to sell and market statistical information developed via Truehome™ products relating to buying trends and consumer preferences and other useful information to third parties based on the collective responses of all persons who use its products. However, this information will only be shared as statistical information and will not include any specific and private information about individuals or families.
The Site may contain links to third-party sites which are not under the control of The Company, and The Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that The Company endorses or accepts any responsibility for the content on such third-party site.
a. The Company PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR The Site (INCLUDING ALL INFORMATION CONTAINED THEREIN). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW The Company SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. The Company does not warrant that your use of The Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in The Service will be corrected. The Company DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
a. IN NO EVENT SHALL The Company BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF The Company KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL The Company'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF The Service OR The Site, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Company BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH YOUR SPOUSE OR OTHER REGISTERED USERS OF THIS SERVICE.
You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of The Service, your connection to The Site, your violation of this Agreement or your violation of any rights of a third party.
To resolve a complaint regarding The Service, you should first contact The Company by clicking on the "Contact Us" button or via email to
customer support.
This Agreement shall become effective upon your acceptance of The Terms by clicking on the "I Accept" button on the signup page or your use of The Site or The Service and shall remain in effect in perpetuity unless terminated hereunder. Either you or The Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to The Service, without notice, for any reason or no reason. In the event your access to The Service is suspended due to the breach of this Agreement, you agree that all fees then paid to The Company by you shall be nonrefundable and all outstanding or pending payments shall immediately be due. You may terminate your own access to the account by contacting Customer Support at the number listed on the Site or by sending written notice to that effect to The Company at: Nidiant™ Corporation, P. O. Box 77, Round Top, Texas 78954.
a. Governing Law.
You agree that Texas law (without giving effect to its conflicts of law principles) shall govern this Agreement, The Site and The Service and that any dispute arising out of or relating to this Agreement, The Site and The Service shall be subject to the exclusive jurisdiction and venue of the federal and state courts in Texas. You acknowledge and agree that any violation of this Agreement may cause The Company irreparable harm, and therefore agree that The Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security and in addition to and without prejudice to any other rights or remedies that The Company may have for a breach of this Agreement.
b. Entire Agreement.
This Agreement, which you accept upon registration for The Service, and the Privacy Policy located on The Site, contain the entire agreement between you and The Company regarding the use of this Service, superseding any prior agreements between you and The Company related to your use of this Site (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, The Terms will survive termination of your registration to The Service. The failure of The Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of The Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
c. No Counseling Services Provided.
NEITHER The Company NOR THE SERVICE PROVIDES, AND THE SERVICE DOES NOT INCLUDE, INDIVIDUAL OR MARRIAGE THERAPY OR PSYCHOLOGICAL COUNSELING. Truehome™ consists of self-selected tools and exercises that are designed for well people who are fully capable of making informed decisions about their lives and their homes, including significant financial decisions. If you are in need of mental health services, we urge you to seek the services of a licensed professional to address particular situations or needs.
d. No Real Estate, Architectural or Investment Services Provided.
The Company DOES NOT PROVIDE INVESTMENT OR REAL ESTATE SERVICES. The Company DOES NOT PROVIDE ARCHITECTURAL SERVICES. NIDIANT™ Corporation is not licensed to sell real estate in the United States, nor is the NIDIANT™ Corporation licensed to provide architectural or design services to consumers.Truehome™ products help people understand their home-related needs and Truehome™ attempts to match consumers with professionals – including architects, interior designers, real estate professionals, and mental health professionals – but The Service is limited to referring consumers to professionals who are compatible with their needs as informed by our testing products.
e. No Endorsement Provided.
The Company does not endorse or recommend particular products or services for particular individuals. You are still responsible to use your judgment at all times when using The Service.
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