Terms & Conditions

These Terms of Service (“Terms”) govern your use of our website, trupowerdata.com (the “Website”), and related products and services, including any content or information provided as part of the Website or such related products, services or websites (collectively with the Website, the “Services”), which are owned or operated by Tru Power Data LLC (“Tru Power Data”, “we”, “our” or “us”).

Our Privacy Policy, available at https://trupowerdata.com/privacy-policy/, is incorporated by reference into these Terms. Please read these Terms and the Privacy Policy carefully before you access the Services, as these Terms form a binding legal agreement between you and Tru Power Data.

These Terms may apply to you individually, the business, other legal entity user, or individual you represent, or all. If you are using the Website or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity or individual on behalf of which you are entering into these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE PRIVACY POLICY.

1.Description of Services

Tru Power Data provides an online platform for storing Leads and related data, data routing capabilities, paid advertising ad spend integrations, customer relationship management services, P&I reporting, and other business tracking services. As used herein, “Lead” means a data record pertaining to an individual or entity, or other contact data and information.

2.Your Eligibility

To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only provide accurate information to Tru Power Data; (iv) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) will not violate any rights of Tru Power Data or a third party.

3.Personal Information; Your Content; Your Account

By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. You must provide your full legal name, a valid email address, and any other information requested by us to complete the account signup process. You will identify an administrative username and password for your account.

To use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the Tru Power Data Privacy Policy, available at https://trupowerdata.com/privacy-policy/. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. You will be solely responsible for maintaining the security of your account. You will immediately notify us of any unauthorized use of the Services or any other known or suspected breach of security.

As between you and Tru Power Data, you own the Content. As used herein, “Content” shall mean any electronic data, information, or material captured and stored by the Services as a result of your use of the Service, including, but is not limited to, information pertaining to Leads that may contain individual, personally identifiable information of individuals. You represent and warrant that you have the authority to collect, use, market, sell, or distribute the Content, including, but not limited to, Leads, in compliance with applicable law. Nothing contained in this Agreement shall be construed as granting Tru Power Data the right to collect, use, market, sell, or distribute your Content, except in accordance with this Agreement. You hereby grant to Tru Power Data a nonexclusive, non-transferable, royalty-free, fully paid up, limited license, to use Your Content and Data solely for the purpose of performing Tru Power Data’s obligations, or exercising Tru Power Data’s rights, under this Agreement. Notwithstanding the foregoing, Tru Power Data reserves the right to collect, analyze, and use data derived from your Content (including without limitation personal information) and/or information collected from or about an individual, but which does not identify the individual personally, for purposes of operating, analyzing, improving, or marketing Tru Power Data and any related services. If Tru Power Data shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from your Content, such data will be aggregated or anonymized such that a specific individual is no longer identifiable. You further agree that Tru Power Data will have the right, both during and after the Term, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. You may request that Tru Power Data delete Content at any time, but agree that Tru Power Data will have no obligation to delete information or data which is de-identified and does not reasonably identify any individual or you.

Any Content that you upload or otherwise provide to Tru Power Data in connection with the Services may be used by Tru Power Data in order to provide the Services. You expressly agree that we may disclose, store and otherwise use your Content in accordance with the terms of the Tru Power Data Privacy Policy, available at https://trupowerdata.com/privacy-policy/. You are solely responsible for all Content you provide to us. By providing Content to us or uploading in connection with the Services, you represent and warrant that you are entitled to submit it and that it was not obtained without permission and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).

You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Tru Power Data (“Feedback”) to us. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and we shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Tru Power Data under any circumstances relating to such Feedback.

4.Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, Tru Power Data grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Tru Power Data authorized website to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Tru Power Data. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Tru Power Data. The Services are provided solely for your benefit and not, by implication or otherwise, to any parent, subsidiary, or affiliate. In addition to any other remedies available to Tru Power Data, violation of this section may result in suspension, termination, or other restrictions on your use of the Services.

Furthermore, without the prior written approval of Tru Power Data, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services or the Tru Power Data Technology. As used herein, “Tru Power Data Technology” means certain technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information owned or licensed by Tru Power Data. Any commercial use of the Services or Tru Power Data Technology not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Tru Power Data are licensed, not sold. The Services, and all copies of the Services, are owned by Tru Power Data or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Tru Power Data reserves all rights not expressly granted to you herein. You agree that you have no right to any Tru Power Data trademark or service mark and may not use any such mark in any way unless expressly authorized by Tru Power Data.

Making unauthorized copies or distribution of Website content or otherwise violating these Terms may result in the termination of your Tru Power Data account, prohibition on use of the Services, and further legal action. Tru Power Data reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.

Tru Power Data is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Tru Power Data harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.

5.Fees; Payment Terms

In consideration for your use of the Services, you agree to pay Tru Power Data the fees (the “Fees”) as set forth in any order form executed by you or billed to you under any invoice issued during the Term. You agree to provide Tru Power Data with a valid credit card or ACH information for billing purposes. When you provide credit card or ACH information, you authorize Tru Power Data to charge such credit card or bank account for the Fees incurred during the Term. You agree to provide an updated payment method in the event the payment method you previously provide to Tru Power Data expires, is no longer valid or does not approve any requested payment. You hereby agree that Tru Power Data may charge your credit card or ACH account for all Fees incurred during each billing period throughout the Term.

The Fees shall constitute full payment for Tru Power Data’s provision of the Services. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Tru Power Data and its third-party service providing payment processing services may store and use your payment information and method provided, if any. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. You agree to reimburse us for all collection costs and interest for any overdue amounts.

Any amount owed by you which is not paid when due will bear interest at the rate of one percent (1%) per month or the maximum amount allowable by law, whichever is less. You shall pay Tru Power Data’s reasonable costs and expenses (including reasonable attorneys’ fees) to enforce its rights under these Terms. You must notify Tru Power Data in writing of any dispute of fees (along with substantiating documentation and a reasonably detailed description of the dispute) within 10 business days following the date of invoicing, or your right to dispute such fees is forever waived. All amounts payable to Tru Power Data under these Terms shall be paid by you in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law). The parties shall seek to resolve any disputes expeditiously and in good faith.

6.Confidential Information

During the Term, each party may disclose certain proprietary information to the other party relating to the other party’s business, products, processes, pricing, customer profiles, methods of operations, and confidential or proprietary or that a reasonable party would understand to be confidential or proprietary (“Confidential Information”). Except as otherwise authorized in these Terms, neither party will be permitted to use the other party’s Confidential Information, with the following exceptions: (i) information that is or becomes generally available to the public; (ii) information that was in its possession or known by it before receipt from the other party; (iii) information that was rightfully disclosed to it without restriction by a third party; (iv) information that was independently developed without use of any confidential information of the other party; or (v) information is required to be disclosed by law or governmental regulation.

7.Your Responsibilities

You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.

You represent and warrant that you will comply with all applicable local, state, national, and foreign laws, treaties, and regulations in connection with their use and access of the Services, including, without limitation, Federal Trade Commission implementing regulations, the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, as amended, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Federal Communications Act, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq., and those governing the National Do Not Call Registry, and all rules and regulations promulgated under any of the foregoing.

You (i) will be responsible for all activities that occur under your Account; (ii) will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all your Content; (iii) will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services; (iv) will not use the Services to violate any laws or regulations or infringe the intellectual property or other rights of third parties; (v) will not transmit material that contains viruses or other harmful computer code or files in connection with your use of the Services; (vi) will not use the Services in connection with any defamation, libel, slander, obscenity or violation of the rights of privacy or publicity, promotion of violence, hatred, or racial or religious intolerance, or any other offensive, harassing or illegal conduct. Although Tru Power Data has no obligation to monitor your Content or your use of the Services, Tru Power Data may do so and may remove your Content and prohibit your use of the Services that we believe, in our sole discretion, to be in violation of the foregoing.

You agree to abide by all applicable local, state, national, foreign, and international laws and regulations and that You will be solely responsible for all acts or omissions that occur under your account or password, including but not limited to the content of your transmissions through the Services.

You further represent and warrant that you will maintain a privacy policy that complies with your obligations under these Terms, and specifically describes the types of personal information you collect, how you use such information, whether such information is shared with third parties, and how any third parties use such shared information. You are solely responsible for ensuring that your privacy policy complies with all relevant legal requirements. You will not use a Service to: (i) collect, or attempt to collect, personal information about third parties without their knowledge or consent; (ii) collect or store account numbers from credit cards, debit cards, bank accounts, or other financial systems; (iii) collect or store U.S. Social Security Numbers or other personal identification numbers issued by other governments, except as expressly set forth in this Agreement; (iv) collect, store or otherwise handle personal information in violation of any applicable law, including without limitation the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the U.S. Children’s Online Privacy Protection Act of 1998, or the EU Data Protection Directive 95/46 and implementing legislation; or (v) collect, store or otherwise handle personal information in violation of your privacy policy.

8.Compliance

We will not collect, use, retain, disclose, sell, or otherwise make personal information available for our own commercial purposes or in a way that does not comply with the California Consumer Privacy Act of 2018 (“CCPA”). If a law requires Tru Power Data to disclose personal information, Tru Power Data will first inform you of the legal requirement and give you an opportunity to object or challenge the requirement, unless the law prohibits such notice. We will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the services described in this Agreement or another compatible operational purpose. Tru Power Data will comply with your request or instruction requiring Tru Power Data to provide, amend, transfer, or delete the personal information, or to stop, mitigate, or remedy any unauthorized processing of your Content. We will reasonably cooperate and assist you with meeting your CCPA compliance obligations and responding to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account the nature of Tru Power Data’s processing and the information available to Tru Power Data. Tru Power Data will notify you if it receives any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with the CCPA.

You will comply with all applicable requirements of the CCPA when collecting, using, retaining, or disclosing personal information. You certify that you understand these Terms and the CCPA’s restrictions and prohibitions on selling personal information and retaining, using, or disclosing personal information outside of the parties’ direct business relationship, and it will comply with them.

9.Right to Restrict or Terminate Access

Tru Power Data may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Tru Power Data in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Tru Power Data denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Tru Power Data reserves the right to delete all of your Content, data, and other information stored on Tru Power Data’s servers. Tru Power Data will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Tru Power Data pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Tru Power Data will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Tru Power Data any amounts owed to Tru Power Data.

At Tru Power Data, If you are not entirely satisfied with your purchase, we offer no more than a 30-day refund policy. If you do not use the service for an extended period of time, and then try to request a multiple month refund, Tru Power Data will only refund up to 1 month of payments. It is your responsibility to monitor your Tru Power Data spending. This policy applies to all purchases made directly through our website.

10.Term and Termination

The term of these Terms will commence on the date you begin using the Services and will remain in effect as long as you continue to use the Services (the “Term”), and it will continue to apply until terminated by either you or Tru Power Data. Tru Power Data reserves the right to change, limit, or modify the Services with or without prior notice. Tru Power Data reserves the right to terminate or permanently cease providing the Services, with 30 days prior notice. All of your Content may be immediately deleted from Tru Power Data’s system upon termination of this Agreement.

11.Disclaimer of Warranty

Tru Power Data will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. TRU POWER DATA DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. TRU POWER DATA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, TRU POWER DATA’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

12.Limitation of Liability

UNDER NO CIRCUMSTANCES WILL TRU POWER DATA, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“TRU POWER DATA PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

A TRU POWER DATA PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TRU POWER DATA FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE TRU POWER DATA PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TRU POWER DATA TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 16 AND 17 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

13.Indemnity

You agree to defend, indemnify and hold the Tru Power Data Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; (iv) your use of the Services; or (v) any disputes arising between you and any individual whose information is contained in a Lead. Tru Power Data reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

14.Dispute Resolution

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution Tru Power Data mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

15.Electronic Notices and Disclosures

You acknowledge and agree that Tru Power Data may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Tru Power Data’s website or by emailing it to you at any email address provided to Tru Power Data by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

16.Changes to the Terms

We reserve the right to, change or remove any part of these Terms, at any time. In such event, we will post a notice on the website prior the change becoming effective, and if we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Such modification shall be effective immediately upon posting at the Website. As your next visit to the Website or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Website or use the Services. It is your responsibility to check these Terms periodically for changes.

Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

17.Publicity

We may identify you as a Tru Power Data customer in our promotional materials, including your name and company logo. You may request that we stop doing so by submitting an email to info@trupowerdata.com at any time. Please note that it may take us up to 30 days to process your request.

18.Miscellaneous

These Terms, along with any rules, guidelines, or policies published on the Tru Power Data homepage constitute the entire agreement between Tru Power Data and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Tru Power Data. Notwithstanding the foregoing, Tru Power Data reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in the State of Tennessee. The parties each hereby consent to the jurisdiction and venue in Tennessee and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Tru Power Data shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Tru Power Data. Tru Power Data’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Tru Power Data may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Tru Power Data, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Tru Power Data. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Tru Power Data, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.

If notice is required or permitted under these Terms, you may contact Tru Power Data at info@trupowerdata.com. Any notice required or permitted to be given under these Terms shall be in writing and shall either be delivered by hand or overnight courier, receipt requested, or sent by U.S. certified mail, postage prepaid and return-receipt requested. Notice shall be deemed to have been duly given upon receipt or refusal.