Trufina, Inc., a Delaware corporation, with offices located at 73 Franklin Street, Annapolis, MD 21401 ("Trufina") provides services relating to the confirmation that certain types of information about the identity and background of any individual can be matched with similar information in various database records (the "Service") to enhance users' experiences in relation to services provided by certain third party web service providers ("Third Party Providers").
To use the Service you must complete the registration form located at http://www.trufina.com/secureapp/signup, pay the fees set forth therein and receive confirmation from Trufina of your status as a registered user of the Service ("Registered User"). This Terms and Conditions of Service (the "Agreement") is a legal and binding document by and between you and Trufina. Please read the Agreement carefully before registering for and/or using the Service.
BY COMPLETING YOUR REGISTRATION YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT CLICK THE "DO NOT AGREE" BUTTON BELOW, AND DO NOT REGISTER FOR THE SERVICE.
Minors may not use the Service. By accepting this Agreement, you represent and warrant that you are at least 18 years old.
When you complete the registration form located at http://www.trufina.com/secureapp/signup (the "Registration Form") and register with Trufina, you will provide us with certain requested information about yourself related to the general management of your account with Trufina, such as, your name, email address, date of birth, phone number, current residential mailing address, Social Security Number and previous residential address (the "Registration Data"). If the Registration Data that you provide to Trufina subsequently becomes inaccurate, misleading or false, you will promptly notify Trufina of such changes.
To utilize Trufina's data confirmation service and become a "Registered User", you will also have to provide us with certain details about the information you want to attempt to have matched and made available to certain individuals designated by you (the "Certified Data"). The exact nature of the Certified Data that you wish to have matched will be chosen by you from the then-available options, which may include marital status, educational background, current employer, current address, etc. Trufina shall only seek to match data selected and paid for by you when you register for the Service. Because information can change over time, the results for the Certified Data should be rechecked periodically at intervals recommended by Trufina for the specific data. Trufina will use reasonable efforts to notify you prior to the expiration of each Verification Term and offer you the option, for a fee, to have the Certified Data re-certified as accurate for an additional Verification Term. If you fail to re-certify the Certified Data, notice of such confirmation may be removed from the Third-Party Providers' web site.
As a part of performing the Service for you, Trufina may provide Certified Data and the applicable portion of the Registration Data to certain third-party vendors assisting Trufina with the verification process (the "Vendors"). Trufina will obligate such Vendors to comply with these terms and conditions and Trufina's Privacy Policy. You hereby authorize Trufina to confirm the authenticity, accuracy and completeness of the Certified Data that you provide, including utilizing the Services of the Vendors. If Trufina discovers that any information you provide is inaccurate, incomplete or not current, Trufina may:
(i) refuse to authorize your Third-Party Provider to display the notice of Trufina certification in connection with your participation with respect to the relevant web services; and/or
(ii) terminate your status as a Registered User.
By using the Service you:
agree to provide the Registration Data about yourself;
warrant that such Registration Data and any Certified Data provided by you is correct, complete and accurate;
agree to maintain and update the Registration Data as required to keep it current, complete and accurate;
agree to not provide inaccurate, misleading or false information to Trufina or to any other Registered User; and
agree to use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States and European Union privacy laws.
Trufina uses various methods to confirm the Certified Data provided by Registered Users. Verification of a Registered User's Certified Data is only an indication of the increased likelihood that the relevant data is correct and not misleading. However, because the absolute verification of the accuracy of Certified Data depends on the accuracy and completeness of available third party data and databases Trufina cannot and does not guarantee the accurateness, or completeness of any Registered User's Certified Data.
If you are given access to another Registered Users' Certified Data, you are solely responsible for your choice to interact with other Registered Users. The Service is intended to assist Registered Users make better decisions about which people or business they choose to interact with, but the Service is only one data point and should not be the sole basis for deciding whether to interact with someone. You must always apply your independent judgment, take all other reasonable precautions and use common sense with respect to interacting with other Registered Users. In accessing and using any data about other Registered Users, you agree to comply with all applicable local, state, national and international laws and regulations, including, but not limited to, United States and European Union privacy laws.
Trufina represents and warrants to Registered Users that, Trufina will not knowingly introduce any misrepresentations of fact into the Certified Data. If for any reason you believe that the information about the status or accuracy of the Certified Data that Trufina obtains is incorrect, you agree that your sole remedy and Trufina's sole obligation is to use reasonable efforts to assist you in correcting such Certified Data; provided, that you contact Trufina at 888-4TRUFINA and provide all reasonable assistance requested by Trufina to confirm such inaccuracy.
TRUFINA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CERTIFIED DATA. UNDER NO CIRCUMSTANCES WILL TRUFINA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON THE INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USER.
EXCEPT AS PROVIDED IN SECTION 8 ABOVE. TRUFINA ON BEHALF OF ITSELF AND ITS THIRD PARTY PROVIDERS PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE CERTIFIED DATA, REGISTRATION DATA AND/OR THE SERVICE. TRUFINA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WHILE TRUFINA PERFORMS THE SERVICE, TRUFINA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS. IN NO EVENT SHALL TRUFINA OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, 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 OTHER REGISTERED USERS OF THIS SERVICE.
IN NO EVENT SHALL TRUFINA'S OR ITS THIRD PARTY PROVIDERS' TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You shall, at your expense, indemnify, hold harmless, and at Trufina's option and request, defend Trufina its third party providers, and their officers, employees, agents and direct or indirect customers from any cost, expenses (including attorneys' fees), losses, damages or liabilities incurred because of action or alleged: (a) failure by you to perform any obligations under this Agreement; or (b) your use of the Service in a manner not reasonable under the circumstances.
You agree to pay Trufina the applicable services fees for the specific Services requested as set forth on http://www.trufina.com
To learn more about Trufina's privacy practices please review our privacy policy which is located here.
Trufina controls and operates the Services from its headquarters in the United States of America and makes no representation that the Services are appropriate or will be available for use in other locations. If you use the Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws.
Trufina and its licensors shall own all right title and interest in and to the Services and all intellectual property rights therein. Trufina and its licensors expressly reserve all right, title and interest in and to the Services not expressly granted herein.
This Agreement is effective until terminated. Trufina may immediately terminate this Agreement by written notice upon your failure to perform any material obligation imposed by Trufina or pursuant to this Agreement. You may terminate this Agreement at any time by providing written notice to Trufina.
If you violate this Agreement, Trufina reserves the right to terminate your ability to use the Services. In addition, you agree to terminate your use of the Service upon request. Trufina's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. The following provisions shall survive the termination of this Agreement: 8, 9, 10, 11, 12, 13 and 17-22.
General.
Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by confirmed telex or fax, (iii) sent by commercial overnight courier with written verification of receipt or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the at such address that you provide to Trufina as a part of your Registration Data, or if to Trufina: Trufina, Inc., 73 Franklin Street, Annapolis, MD 21401.
You agree that, in Trufina's efforts to promote good citizenship within the Internet community, if Trufina becomes aware of inappropriate use of the Services, Trufina may respond. You acknowledge that Trufina will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, Trufina will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You will not assign or transfer any rights or obligations under this Agreement, without the prior written consent of Trufina and any attempted assignment or transfer without such prior written consent shall be null and void.
You agree that Trufina can revise this Agreement at any time upon written notice to you including by email. You agree that your continued use of the Services after such modifications have been made constitutes your acceptance of such revised terms.
Any action related to this Agreement will be governed by the laws of the Commonwealth of Virginia and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Commonwealth of Virginia, for the resolution of all disputes arising from or related to this Agreement and/or your use of the Services.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Trufina to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trufina in writing.
This Agreement comprises the entire agreement between you and Trufina and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.