Legal

Introduction

The fol­low­ing is the terms of use agree­ment (“TOU”) relat­ing to this web­site, between you and True North Cus­tom Pub­lish­ing, LLC, a Ten­nessee lim­it­ed lia­bil­i­ty com­pa­ny doing busi­ness as True North and True North Cus­tom (“True North”). By access­ing and/or using this web­site, you acknowl­edge that you have read, under­stand, and agree to be bound by these TOU with­out lim­i­ta­tion or qual­i­fi­ca­tion, and to com­ply with all applic­a­ble laws and reg­u­la­tions. If you do not agree to these TOU, please do not use this web­site. True North may revise these TOU and make changes in the prod­ucts or ser­vices described in this web­site. You will have notice of the revi­sions and changes by the fact that the cur­rent TOU, prod­ucts and ser­vices will be dis­played when­ev­er you view the web­site, pro­vid­ed you are not view­ing the web­site through the cache sys­tem on your computer.

From time to time, this web­site may con­tain tech­ni­cal inac­cu­ra­cies or typo­graph­i­cal errors, and we do not war­rant the accu­ra­cy of any post­ed infor­ma­tion. Please con­firm you are using the most up-to-date pages on this web­site, and con­firm the accu­ra­cy and com­plete­ness of infor­ma­tion before using it to make deci­sions relat­ing to ser­vices, prod­ucts, or oth­er mat­ters described in this web­site. The infor­ma­tion pro­vid­ed on this web­site is free of charge and for infor­ma­tion­al pur­pos­es only and does not cre­ate a busi­ness or pro­fes­sion­al ser­vices rela­tion­ship between you and True North.

Copyrights, Trademarks, Other Intellectual Property

Unless oth­er­wise stat­ed, the con­tents of this web­site includ­ing, but not lim­it­ed to, the text and images con­tained here­in and their arrange­ment are the prop­er­ty of True North and are pro­tect­ed by Copy­right law and the laws of oth­er intel­lec­tu­al prop­er­ty. This web­site and the con­tent pro­vid­ed in this web­site, includ­ing, but not lim­it­ed to, graph­ic images, audio, video, html code, but­tons, and text, may not be copied, mod­i­fied, repro­duced, repub­lished, uploaded, post­ed, trans­mit­ted, or dis­trib­uted in any way, with­out the pri­or writ­ten con­sent of True North, except that you may down­load, dis­play, and print one copy of the mate­ri­als on any sin­gle com­put­er sole­ly for your per­son­al, non-com­mer­cial use, or for good faith con­sid­er­a­tion of engag­ing True North’s prod­ucts or ser­vices, and pro­vid­ed that you do not mod­i­fy the mate­r­i­al in any way and you keep intact all copy­right, trade­mark, and oth­er pro­pri­etary notices. Except for the lim­it­ed per­mis­sion in the pre­ced­ing sen­tence, noth­ing con­tained in this web­site shall be con­strued as con­fer­ring (by impli­ca­tion, estop­pel, or oth­er­wise) any license or right to any copy­right, patent, trade­mark or oth­er pro­pri­etary inter­est of True North or any third party.

The fol­low­ing are trade­marks or reg­is­tered trade­marks of True North. It is unlaw­ful for you to use any of True North’s trade­marks in vio­la­tion of law or these TOU. This list is not a com­pre­hen­sive list of all True North trade­marks. All non-True North trade­marks used or referred to in this web­site are the prop­er­ty of their respec­tive owners.

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    Digital Millennium Copyright Act Notices

    It is the pol­i­cy of True North to respect the intel­lec­tu­al prop­er­ty of oth­ers and thus to respond to effec­tive notices of alleged infringe­ment of copy­right­ed mate­r­i­al where (i) the copy­right­ed mate­r­i­al is avail­able at, or from, this web­site, anoth­er sys­tem or net­work con­trolled or oper­at­ed by or for True North or where (ii) True North, by pro­vid­ing or using an infor­ma­tion loca­tion tool, such as a direc­to­ry, index, ref­er­ence, point­er, or hyper­text link, refers or links a third par­ty to a web­site that con­tains the copy­right­ed mate­r­i­al. If you are alleg­ing that copy­right­ed mate­r­i­al may have been or is being infringed, then you may noti­fy True North, pur­suant to the U.S. Online Copy­right Infringe­ment Lia­bil­i­ty Lim­i­ta­tion Act of the U.S. Dig­i­tal Mil­len­ni­um Copy­right Act, 17 U.S.C. §512 ©, by send­ing a notice to the address list­ed below. Such notice must include the fol­low­ing to be effective:

    1. A phys­i­cal or elec­tron­ic sig­na­ture of a per­son autho­rized to act on behalf of the own­er of an exclu­sive right that is alleged­ly infringed;
    2. Iden­ti­fi­ca­tion of the copy­right­ed work claimed to have been infringed or, if mul­ti­ple copy­right­ed works at a sin­gle online web­site are cov­ered by a sin­gle noti­fi­ca­tion, a rep­re­sen­ta­tive list of such works at that site;
    3. Iden­ti­fi­ca­tion of the mate­r­i­al that is claimed to be infring­ing or to be the sub­ject of infring­ing activ­i­ty and that is to be removed or access to which is to be dis­abled, and infor­ma­tion rea­son­ably suf­fi­cient to per­mit True North to locate the material;
    4. Infor­ma­tion rea­son­ably suf­fi­cient to per­mit True North to con­tact you such as an address, tele­phone num­ber, and, if avail­able, an elec­tron­ic mail address at which you may be contacted;
    5. A state­ment that you have a good faith belief that use of the mate­r­i­al in the man­ner com­plained of is not autho­rized by the copy­right own­er, its agent, or the law; and
    6. A state­ment that the infor­ma­tion in the noti­fi­ca­tion is accu­rate and, under penal­ty of per­jury, that you are autho­rized to act on behalf of the own­er of an exclu­sive right that is alleged­ly infringed.

    Counter Notices

    If mate­r­i­al you have post­ed to this web­site, anoth­er sys­tem or net­work con­trolled or oper­at­ed by or for True North has been removed or dis­abled, you may file a counter notice pur­suant to 17 U.S.C. §512 (g). To be effec­tive, the counter notice must be a writ­ten com­mu­ni­ca­tion sent to the address list­ed below that includes the following:

    1. A phys­i­cal or elec­tron­ic sig­na­ture of the subscriber;
    2. Iden­ti­fi­ca­tion of the mate­r­i­al that has been removed or to which access has been dis­abled and the loca­tion at which the mate­r­i­al appeared before it was removed or access to it was disabled;
    3. A state­ment under penal­ty of per­jury that you have a good faith belief that the mate­r­i­al was removed or dis­abled as a result of mis­take or misiden­ti­fi­ca­tion of the mate­r­i­al to be removed or dis­abled; and
    4. Your name, address, and tele­phone num­ber, and a state­ment that you con­sent to thejuris­dic­tion of Fed­er­al Dis­trict Court for the judi­cial dis­trict in which the address is locat­ed or, if your address is out­side of the Unit­ed States, for any judi­cial dis­trict in which True North may be found, and that you will accept ser­vice of process from the per­son who pro­vid­ed noti­fi­ca­tion under sub­sec­tion 17 U.S.C. §512 ©(1)© or an agent of such person.

    DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES

    All writ­ten notices should be sent to the fol­low­ing Des­ig­nat­ed Agent:
    Des­ig­nat­ed Agent: Kris R. Keeney, Esq.
    Address of Des­ig­nat­ed Agent: 5380 Twin Hick­o­ry Road, Glen Allen, Vir­ginia 23059 Email address of Des­ig­nat­ed Agent: kriskeeney@digitalaw.com
    Tele­phone num­ber of Des­ig­nat­ed Agent: 804–505-0047

    Links or References

    This web­site may pro­vide links or ref­er­ences to non-True North web­sites and resources. True North makes no rep­re­sen­ta­tions, war­ranties, or oth­er com­mit­ments or endorse­ments what­so­ev­er about any non-True North web­sites or third-par­ty resources that may be ref­er­enced, acces­si­ble from, or linked to any True North site. In addi­tion, True North is not a par­ty to or respon­si­ble for any trans­ac­tions you may enter into with third par­ties, even if you learn of such par­ties (or use a link to such par­ties) from a True North site. When you access a non-True North web­site, even one that may con­tain the True North-logo, please under­stand that it is inde­pen­dent from True North, and that True North does not con­trol the con­tent on that web­site. It is up to you to take pre­cau­tions to pro­tect your­self from virus­es, worms, Tro­jan hors­es, and oth­er poten­tial­ly destruc­tive pro­grams, and to pro­tect your information.

    DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

    USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TRUE NORTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TRUE NORTH MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

    YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUE NORTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TRUE NORTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

    INDEMNIFICATION

    You agree to indem­ni­fy True North and affil­i­ates against lia­bil­i­ty, and to defend, indem­ni­fy, and hold harm­less True North and affil­i­ates, and each of their offi­cers, direc­tors, employ­ees, agents, rep­re­sen­ta­tives, infor­ma­tion providers and licen­sors, from any claims, costs, loss­es, dam­ages (actu­al and fore­see­able), judg­ments, lim­i­ta­tion costs and expens­es, includ­ing but not lim­it­ed to rea­son­able attor­ney’s fees, aris­ing from or in any way relat­ed to any breach by you of these TOU.

    Other Provisions

    If any term in this TOU is found by com­pe­tent judi­cial author­i­ty to be unen­force­able in any respect, the valid­i­ty of the remain­der of this TOU will be unaf­fect­ed, pro­vid­ed that such unen­force­abil­i­ty does not mate­ri­al­ly affect the par­ties’ rights under this TOU. True North main­tains this web­site in Ten­nessee, U.S.A. and you agree that these TOU and any legal action or pro­ceed­ing relat­ing to this web­site shall be gov­erned by the laws of the State of Ten­nessee with­out ref­er­ence to its choice of law rules. If you attempt to bring any legal pro­ceed­ings against True North you specif­i­cal­ly acknowl­edge that such pro­ceed­ings will occur in a Court of com­pe­tent juris­dic­tion in or geo­graph­i­cal­ly near­est to Hamil­ton Coun­ty Ten­nessee, with­out regard to where in the world you are locat­ed, or from where in the world you vis­it­ed this site. The Uni­form Com­put­er Infor­ma­tion Trans­ac­tions Act (“UCITA”) does not apply to these TOU to the extent UCITA con­flicts with any pro­vi­sions in these TOU. If any legal action is nec­es­sary to enforce these TOU, the pre­vail­ing par­ty shall be enti­tled to rea­son­able attor­ney fees, costs and expens­es in addi­tion to any oth­er relief to which it may be entitled.

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