Acceptance of terms

truness.com ("Truness"), owned and operated by Shanif's Net (http://www.shanifs.net) provides a service that allows users to read and contribute to rankings and reviews about companies (hereafter referred to as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. If you disagree with any or all of the TOU, you agree to discontinue use of the Service.

Modifications to this agreement

Truness reserves the right to modify these terms and conditions at any time without prior notice to Truness users. Such modifications shall become effective immediately upon their posting to the website. When such modifications are made, your continued use of the Service indicates your agreement to the modified terms.

User submitted opinions

You understand that by its very nature, the Service makes available user submitted opinions on companies in the form of textual reviews and numerical ratings ("Reviews"). These Reviews are the sole opinion of users that submit them. Truness makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in these Reviews. You understand that Truness does not control and is not responsible for any content provided by users to others users via the Service, and that by your use of the service you may be exposed to content that is objectionable. Such reviews may also contain links to external, third party websites that are independent of Truness or Shanif's Net. By visiting such websites, you agree to adhere to their terms of use. You also acknowledge that Truness does not screen or approve content, however we retain the right to remove, alter, or otherwise modify any content that is provided through the Service for any reason. IF YOU SUBMIT A REVIEW FOR A COMPANY, YOU CONFIRM THAT YOU HAVE SUFFICIENT KNOWLEDGE ABOUT THE COMPANY THROUGH FIRST HAND INTERACTION OR EXPERIENCE WITH SAID COMPANY TO BE ABLE TO CREATE AN INFORMATIVE REVIEW ON IT. THE PURPOSEFUL CREATION OF FALSE, LIBELOUS, DECEPTIVE, OR OTHERWISE MALICIOUS REVIEWS IS PROHIBITED.

Privacy

Truness maintains a Privacy Policy to disclose how information is collected and used from the Service. Users may view this policy at http://www.truness.com/privacy. Your use of the Service signifies acknowledgement and acceptance of the Privacy Policy. You further acknowledge and agree that Truness may, in its sole discretion, preserve or disclose any information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, or protect the rights of others.

Impermissible actions

You agree not to post content that:

• does not accurately represent your true experiences and interactions with any company you write about
• is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
• includes personal or identifying information about another person without that person's explicit consent;
• is false, deceptive, misleading, deceitful, or misinformative in any way
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
• constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• constitutes or contains any form of advertising or solicitation
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• negatively affects other users' ability to use the Service;

Additionally, you agree not to:

• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service unless expressly permitted;
• post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Truness' infrastructure;
• attempt to gain unauthorized access to Truness' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
• use any form of automated device or computer program that enables the submission of content without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

Limitations on service

You acknowledge that Truness may establish limits on the use of the Service, including the maximum number of days a Review may be retained, the maximum number and size of postings, and the frequency and methods by which you may access the Service. You agree that Truness will not be held responsible for the removal or failure to store any content maintained or transmitted by the Service. You acknowledge that Truness reserves the right at any time to modify or discontinue the Service (or any part thereof) without prior notice, and that Truness shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Access and license to the Service

Truness grants you a limited, revocable, nonexclusive license to access the Service for personal, non-commercial use for the purpose of reading or contributing Reviews. You understand that you have no other rights or licenses to the Service. Truness permits you to display or link to any page on the truness website (http://www.truness.com) as long as such use is for noncommercial and/or news reporting purposes only, so long as such displays do not portray Truness, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner. Use of the Service beyond the scope of access granted to you by the TOU will immediately terminate any granted permissions or licenses. You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from the Service, except as set forth in this Agreement.

Termination of service

You agree that Truness, for any reason, has the right to deny you access to the Service without notice. You agree that Truness shall not be held liable to you or any other party for any such actions taken.

Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Truness. You further agree not to reproduce, duplicate or copy content from the Service without the express written consent of Truness, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Truness does not claim ownership of content that its users post, however, by posting content on the Service, you automatically grant, and you represent and warrant that you have the right to grant an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distrubte said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses, through multiple tiers, of the foregoing. You also automatically grant Truness all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Service by any party for any purpose.

Disclaimer of warranties

YOU AGREE THAT USE OF THE TRUNESS SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TRUNESS SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUNESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND SERVICE; DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED THROUGH ANY LINKS ON THE SITE; AND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. If your jurisdiction does not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, however all other unaffected portions of the disclaimer will remain in full effect.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL TRUNESS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRUNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. If your jurisdiction does not allow a limitation of liability, some or all of the foregoing disclaimers may not apply to you insofar as they relate to limited liabilities, however all other unaffected portions of the TOU will remain in full effect.

Indemnity

You agree to indemnify and hold Truness, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Complete agreement and jurisdiction of laws

The TOU, combined with any other legal disclaimers on this site, including the Privacy Policy, constitute the entire agreement between you and Truness and govern your use of the Service, superceding any prior agreements between you and Truness. The TOU and the relationship between you and Truness shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Truness agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia. The failure of Truness to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation of terms and liquidated damages

You are encouraged to flag inaccurate company data by using the "flag" link provided on each company's page. You are also encouraged to flag Reviews that violate the TOU by using the "flag" link provided on each Review's page.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Truness to pursue legal action to enforce the TOU, you will be liable to pay Truness the following amounts as liquidated damages, which you accept as reasonable estimates of Truness' damages for the specified breaches of these terms:

• If you post a Review that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Truness one thousand dollars ($1,000) for each such message.
• If Truness establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Truness one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Truness in excess of such limits, whichever is higher.
• If you post content in violation of the TOU, other than as described above, you agree to pay Truness one hundred dollars ($100) for each item of content posted. In its sole discretion, Truness may elect to issue a warning before assessing damages.

Feedback

Truness welcomes all feedback, including questions, comments, concerns, and criticisms. You may provide feedback at the following page:

http://www.truness.com/contact