Last Modified: October 22, 2019
Acceptance of the Terms of Use
The following terms and conditions, together with our Privacy Policy and any other documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.trulynolen.com, including any content, functionality, and services on any of its pages or affiliated sites (our “Website”). The Terms of Use are a contract entered into by and between you and Truly Nolen of America, Inc., and its affiliates and subsidiaries (“Company”, “we” or “us”).
Please read the Terms of Use carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use our Website.
Our Website is offered and available to users, 13 years of age or older, who reside in the United States, European Union, or Canada. By using our Website, you represent and warrant that you meet the foregoing eligibility requirements and that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use our Website.
Changes to the Terms of Use
We may change the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of our Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction sections will not apply to any disputes that concern events, actions, and/or omissions that occurred prior to the date any change to those sections is posted on our Website. In such circumstances, the dispute resolution provisions posted before the events, actions, and/or omissions at issue shall govern.
Your continued use of our Website following the posting of revised and/or updated Terms of Use means that you accept and agree to any such revisions, updates, or other changes. You are expected to check this page each time you access our Website so that you are aware of any changes, as they are binding on you.
Accessing our Website and Account Security
We reserve the right to withdraw or amend our Website, and any content, functionality, and services on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire Website.
You are responsible for ensuring that all persons or entities who access our Website through your internet connection are aware of the Terms of Use and comply with them.
To access or use certain content, functionality, and services offered on our Website, you may be asked to provide certain personal information, financial information, registration details, or other information. It is a condition of your access and use of our Website that you provide correct, current, and complete information. You further agree that all information you provide in your access or use of our Website, including but not limited to through the use of any interactive features on our Website, shall be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree that you will not provide any other person with access to our Website or portions of it by and through any use of your user name, password, or other security information. You agree to immediately notify us of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.
Intellectual Property Rights
Our Website and its entire content, functionality, and services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Terms of Use permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use any part of our Website for any commercial purposes.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content, functionality, and services on our Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of our Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms [‘Good Citizens, Ruthless Exterminators’, ‘Monitored Defense System’, ‘Nite, Nite, Termite!’, ‘Three Zone Protection Plan’, ‘Tru-Guard’, ‘Truly Care’, ‘Truly Proof’], the Company logo, and all related names, logos, product/service names, designs, and slogans are trademarks (the “Marks”) of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.
Prohibited Uses
You may use our Website only for lawful purposes and in accordance with the Terms of Use. You agree that you will not use our Website:
Additionally, you agree that you will not:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information you provide in any access or use of our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to our Website, or by anyone who may be informed of any such information.
Our Website may include content provided by third-parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements, opinions, materials, and/or other content, other than the content provided by the Company (collectively, the “third-party information”), are solely the opinions and the responsibility of the person or entity providing the third-party information. The third-party information does not necessarily reflect the statement(s) or opinion(s) of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of the third-party information.
Changes to our Website
We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to our Website
All information we collect on our Website is subject to our Privacy Policy. By accessing or using our Website, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of our Website. You will be notified of any such additional terms and conditions. All such additional terms and conditions are hereby incorporated by this reference into the Terms of Use.
Linking to our Website
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Social Media
Our Website may connect you with certain social media applications, programs, platforms, and/or features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
We reserve the right to withdraw or disable any connections on our Website to any social media applications, programs, platforms, and/or features without notice and in our sole discretion. You further agree that you will immediately cease any unauthorized framing or linking of our Website on any social media and/or to cooperate with us to ensure that any such unauthorized framing or linking caused by your actions or omissions shall be immediately ceased.
Links from our Website
If our Website contains links to other sites and resources provided by third-parties, these links are only provided for your information and convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of our Website is based in the state of Arizona in the United States. We provide our Website for use only by persons located in the United States, European Union, or Canada. We make no claims that our Website is accessible or appropriate outside of these countries and if you access our Website from outside these countries, you do so on your own initiative and are responsible for compliance with all applicable laws.
Disclaimer of Warranties
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures, protections, and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, LICENSORS AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of our Website, including, but not limited to, your use of any of the Website’s content, or information obtained from our Website, and your use of the Website other than as expressly authorized in the Terms of Use.
Governing Law and Jurisdiction
All matters relating to our Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule whether of the State of California, Canada, or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, the Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Pima County, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from the Terms of Use or use of our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any additional terms and conditions which apply to specific portions, services, or features of our Website constitute the sole and entire agreement between you and the Company with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Website.
Your Comments and Concerns
This website is operated by Truly Nolan of America, Inc. 432 South Williams Boulevard, Tucson, Arizona 85711. All comments, concerns, requests for technical support, and other communications relating to our Website should be directed to info@trulymail.net or 432 South Williams Boulevard, Tucson, Arizona 85711.