Terms of Service
It’s a pleasure to have you here with ChiefTruth! ChiefTruth (“ChiefTruth Projects”, “we”, “us” or “our”) is a blog venture with aspirations for entrepreneurship in fitness apps, productivity clubs, and well-being programs. All contact with ChiefTruth can be made by email to chief@chieftruth.com or by submitting a feedback form on the ChiefTruth Projects About page.
These term of service (the “Terms”) set out the terms and conditions by which ChiefTruth offers you access to our blogs, websites, apps, and other projects, services or features (collectively, the “Projects”). ChiefTruth Projects is a blogging website business headquartered in the southeastern United States with services and products offered to various locations around the globe.
Please read this agreement (as defined below) carefully! IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY. Please note if you are an EU consumer (as defined below), some of these provisions may not apply to you and may be entitled to specific rights under the mandatory laws of the country in which you reside.
By using or accessing the Projects, you’re agreeing to these Terms, our Copyright Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you’re using the services for or on behalf of an organization, you’re agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Projects.
If you have any questions or suggestions regarding the Terms and Conditions in this Agreement, please feel free to contact us!
Creating Accounts
1.1. Signing Up. To Use many of the Projects, you must first create a member account (“Account”). Different parts of the Projects may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need this information to contact you.
1.2. Staying Safe. Please safeguard your accounts and make sure others don’t have access to your Accounts or passwords and other authentication credentials (collectively, “passwords”). You’re solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
1.3. Eighteen and Older. The Projects are not intended for and may not be used by persons under the age of 18. By using the Projects, you represent that you’re at least 18.
Your Content
2.1. Your User Content Stays Yours. Users of the Projects (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, fonts, logos, stickers, code, non-fungible tokens (“NFTs”) and associated content, and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Projects as described in this Agreement.
2.2. Your License To Us. When you provide User Content via the Projects, you grant ChiefTruth Projects (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Projects), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Projects. This section does not affect any rights you may have under applicable data protection laws.
Your Responsibilities
3.1. Only Use Content You’re Allowed to Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Projects and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Projects may be protected by others’ intellectual property, trade secrets or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
3.2. Follow The Law. You represent and warrant that your use of the Projects is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
3.3. Share Responsibly. The Projects let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Projects.
3.4. Comply With Our Acceptable Use Policy. You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Projects complies with our Acceptable Use Policy.
Third Party Services And Sites, and User Content.
4.1. Third Party Services. The Projects are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products, or services available to you. Examples of Third Party Services include social media platforms, eCommerce Payment Processors (as defined below), and other integrations and extensions, and other integration partners and service providers. These Third Party Services may have their own terms and policies. Any information that a Third Party Service collects, stores and processes from you will be subject to such Third Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy or Data Processing Addendum. Therefore, please evaluate and ensure you trust each Third Party Service prior to connecting to their services. Each Third Party is solely responsible for providing all support, maintenance and technical assistance to you with respect to its services. When using Third Party Services, your security is your responsibility. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. We may receive a revenue from Third Party Services that we recommend to you or that you otherwise engage with via the Projects. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
4.2. Third Party Sites. The Projects may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4.3. User Content. The Projects may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Projects, we don’t represent or imply that we endorse your or other user’s User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Projects by you or other users. You’re responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Projects.
Our Intellectual Property.
5.1. ChiefTruth Owns ChiefTruth. The Projects are, as between you and ChiefTruth, owned by ChiefTruth, and are protected by copyright, various intellectual property laws, and other US and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Projects. You agree not to change, modify, translate or otherwise create derivative works of the Projects or others’ User Content.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.3. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Projects will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Projects.
Our Rights.
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Projects and their functionality; (b) we may suspend or discontinue parts or all of the Projects; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Projects; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts or all of your User Content; and (e) we may change our eligibility criteria to use the Projects (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Projects in that jurisdiction).
6.2. Ownership Disputes. Sometimes ownership of an Account or User Content is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or User Content ownership and to transfer an Account or User Content to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or User Content until the disputing parties reach a resolution. We also may request documentation, such as government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
Privacy.
7.1. Privacy Policy. By using the Projects, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.
7.2. You Must Comply With Data Protection, Security and Privacy Laws. You agree and warrant that you are solely responsible when using the Projects for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-privacy Directive /Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use the Projects to send marketing and other electronic communications to individuals.
7.3. Industry Specific Compliance. If your use of the Projects requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, GLBA or FERPA (each, an “Industry-Specific Regulation”), you will be sole responsible for such compliance, except to the extent ChiefTruth has agreed with you in writing otherwise. You are not permitted to use the Projects in any way that would subject ChiefTruth to an Industry-Specific Regulation without obtaining ChiefTruth’s prior written agreement.
7.4. Protect And Improve The Projects. You agree that we may protect and improve the Projects through analysis of your use of the Projects in anonymized, pseudonymized, de-personalized and/or aggregated form. See our Privacy Policy for more information about how and what we do in this regard.
Copyright.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
Paid Services and Fees
9.1. Fees. You can access certain portions of the Projects by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Projects, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Projects, within your eCommerce Payment Processor account(s) and/or on a mobile app store invoice, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
9.2. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Projects when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If ChiefTruth has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where ChiefTruth does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or your mobile app store provider.
9.4. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
9.5. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Projects. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Services. Third Party Services purchased via the Projects may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
Services Details
Not all Projects are available in all regions/countries. Certain Projects (or features or portions thereof) may vary depending on your region/country.
Term And Termination
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Projects. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Projects or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Projects if you violate these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Projects. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
Warranty Disclaimers
12.1. Disclaimers. To the fullest extent permitted by applicable law, ChiefTruth makes no warranties, either express or implied, about the Projects. The Projects are provided “as is” and “as available”. ChiefTruth also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from ChiefTruth, shall create any warranty. ChiefTruth makes no warranty or representation that the Projects will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
12.2. Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 12.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
Limitation Of Liability
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will ChiefTruth and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Projects or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account or parts or all of the Projects, including without limitation interruption of use or cessation or modification of any aspect of the Projects; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Projects, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Projects. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Projects with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not ChiefTruth has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of ChiefTruth for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to ChiefTruth in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, ChiefTruth is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless ChiefTruth and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content; and (c) your violation of any law or regulation or the rights or good name of any third party. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
Dispute Resolution
15.1. Applicability. This Section 15 shall only apply to: (a) US Users; (b) Non-US Users who are not EU Consumers; or (c) EU Consumers who bring any claim against ChiefTruth in the US (to the extent not in conflict with Section 16.2).
15.2. Informal Resolution. Before filing a claim against ChiefTruth, you agree to try to resolve the dispute by first emailing chief@chieftruth.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or ChiefTruth may then bring a formal proceeding.
Additional Terms
16.1. Entire Agreement. This Agreement constitutes the entire agreement between you and ChiefTruth regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and a ChiefTruth group company that sets forth such ChiefTruth group company’s third party beneficiary rights to enforce this Agreement).
16.2. Waiver, Severability And Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
16.3. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Projects). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Projects after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Projects and cancel all Paid Services.
16.6. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Projects resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
16.7. Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.