Terms & Conditions
By using this website, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual ITMC web site.
2. RIGHT TO ACCESS
You acknowledge and agree that ITMC may terminate your access to the ITMC or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by ITMC. Any such termination shall be in ITMC's sole discretion and may occur without prior notice, or any notice. ITMC further reserves the right to terminate any user's access to the ITMC or to any of the Products and Services for any conduct that ITMC, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to ITMC or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. ITMC further reserves the right to terminate any user's access to the ITMC for any reason or for no reason at all, in ITMC's sole discretion, without prior notice, or any notice.
All information contained on this site is copyright (c) 2019 by TheITMC. All rights reserved. The information contained on this site may not be copied, published, distributed, broadcast or otherwise used for any purpose whatsoever without the prior written consent of ITMC.
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. ITMC is not responsible for typographical errors, editing errors, or news source errors. THE ITMC STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ITMC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ITMC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. ITMC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITMC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. ITMC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ITMC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ITMC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY ITMC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TRUTH PUBLISHING, INC. ("ITMC") ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ITMC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ITMC. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT THE ITMC.
UNDER NO CIRCUMSTANCES SHALL ITMC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
7. EXTERNAL LINKS
ITMC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the ITMC to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. ITMC has no control over such sites and resources. You acknowledge and agree that ITMC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ITMC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ITMC Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ITMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
ITMC encourages you to exercise discretion while using the Products and Services to browse the Internet. ITMC may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. ITMC makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the ITMC web sites. ITMC shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the ITMC' search results or otherwise linked to the ITMC web sites or provided to the ITMC by third parties.
8. Linking to the ITMC
The ITMC offers a non-assignable, non-transferable, and non-exclusive license to link to the ITMC'S web sites, using the ITMC logos and search boxes, subject to the following provisions. The ITMC logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the ITMC and allowing users of your site to access the ITMC. The ITMC logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the ITMC. The ITMC logos and search boxes may only be used in accordance with the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The ITMC logos and search boxes may not be altered in any manner. The ITMC logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The ITMC logos and search boxes may not be used to disparage the ITMC, its products or services, or in a manner which, in ITMC's reasonable judgment, may diminish or otherwise damage ITMC's good will in the ITMC logos. By using any such ITMC logo or search box, you acknowledge that the ITMC has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the ITMC. ITMC reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. ITMC reserves the right to take action against any use that does not conform to these provisions.
9. NO LICENSE; INTELLECTUAL PROPERTY OF ITMC AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed as conferring any license under any of the ITMC's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the ITMC and the WEBSITE is protected by copyright, trademark, patent, or other proprietary rights of ITMC and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by ITMC in connection with the WEBSITE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by ITMC, any of ITMC's affiliates, or any of ITMC's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the ITMC of any purpose other than the purpose for which such Content is made available to users by ITMC. You agree not to defame or disparage ITMC, the trademarks or service marks of ITMC, or any aspect of the WEBSITE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the WEBSITE or any software or programs used in connection with the WEBSITE or the ITMC.
10. INDEMNITY AND RELEASE
By using the ITMC web sites you agree to indemnify ITMC, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the ITMC web sites, your use of the WEBSITE, or your submission of ideas and/or related materials to ITMC or from any person's use of any account or password you maintain with any portion of the ITMC, regardless of whether such use is authorized by you. By using the ITMC, using the WEBSITE, or submitting any ideas and/or related materials to ITMC, you are hereby agreeing to release ITMC and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to ITMC. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the ITMC or the WEBSITE must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
12. FAIR USE
The ITMC publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. ITMC transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
ITMC has no intention to compete with the original copyrighted content. Rather, it is ITMC's intention to promote such content and deliver readers to such content. Accordingly, when ITMC cites a copyrighted work for commentary or criticism, ITMC acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which ITMC requests absolutely no payment or consideration.
13. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the ITMC to respond expeditiously to claims of intellectual property infringement. ITMC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the ITMC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The ITMC will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to: email@example.com
Please put "Notice of Infringement" in the subject line of all such notifications. When ITMC removes or disables access to any material claimed to be infringing, ITMC may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although ITMC makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. ITMC will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before ITMC replaces or restores access to any material as a result of any counter notification.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal issues arising from or related to the use of the WEBSITE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Taiwan, R.O.C. applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the WEBSITE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Taiwan, R.O.C., and judgment on the arbitration award may be entered into in any state or federal court in Taiwan, R.O.C. having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Taiwan, R.O.C. having jurisdiction thereof. Except as set forth above, the state and federal courts of Taiwan, R.O.C. shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the WEBSITE. By using the WEBSITE and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Taiwan, R.O.C. with respect to all such disputes.
15. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
The ITMC reserves the right to modify the WEBSITE from time to time, for any reason, and without notice, including the right to terminate the WEBSITE. The ITMC reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between ITMC's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual ITMC web site or in connection with the WEBSITE are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any information available on or through the web site or the respective content location at which those other provisions may be found.
17. NON-WAIVER AND SEPARABILITY
ITMC's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
18. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of ITMC.
19. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
20. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the WEBSITE, unless specifically terminated earlier by ITMC. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
21. COMMUNICATIONS WITH USERS
You consent to receive communications from ITMC concerning your use of the WEBSITE ("Communications"). The Communications may be those that ITMC is required to send to you by law concerning the WEBSITE ("Required Communications"). The Communications may also be those that ITMC sends to you for other reasons. You consent to receive Communications electronically. ITMC may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on the ITMC. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which ITMC sends Communications by visiting your account information page.
22. SUBMISSIONS OF IDEAS
The ITMC is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to the ITMC, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO ITMC BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO ITMC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO ITMC THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT ITMC IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY ITMC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
23. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of ITMC and the ITMC, ITMC reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of the ITMC web sites.
24. SUBMITTED CONTENT
You hereby agree that all content you submit to ITMC, via web forms, email to the editor, email to employees, phone calls, faces or other form of communication shall become the sole property of ITMC and may be used by ITMC in any way whatsoever, without limitation.
We hope your enjoyment of ITMC' WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the ITMC community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.