Updated: March 20, 2023
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND TRUID, CO. (“COMPANY”, “WE,” OR “US”).
These Terms of Service (“Terms”) are a legal contract between you and TRUID, Co. (“Company,” “We,” or “Us”). These Terms explain how you are permitted to access and use www.arxsky.com (the “Site”). The Site and any services offered through the Site are collectively referred to as the “Services.” Certain portions of these Services may be subject to additional terms and conditions, all of which are incorporated herein.
The Company may make changes to the content and the Service at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service. By using the Service after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service.
The Site is owned and controlled by TRUID, CO. and/or one of its subsidiaries or affiliates (collectively, "TRUID"). By accessing this Site and/or any Services offered through the Site, you are agreeing to comply with and be bound by these Terms and all laws and regulations applicable to your use of the Site and/or Services. You acknowledge and agree that you are solely responsible for determining your compliance with all such applicable laws and regulations independent of your obligations hereunder.
You may not access this Site or agree to these Terms if you are under the age of 18 or if you do not agree with any of these Terms.
Your access to the Site and/or the Services does not transfer to you any third-party rights, title, or interest to TRUID’s intellectual property, including, without limitation, any patents, copyrights, trademarks, and trade secrets in the content of the Site and/or the Services.
Subject to these Terms, you are granted a non-transferable, non-exclusive, revocable, limited license to access the Site and/or the Services for personal, non-commercial use only. Under this license, you may NOT:
This license shall automatically terminate if you violate any of these restrictions. Additionally, TRUID reserves the right, but is under no obligation, to review any of your content or activity on this Site or otherwise provided to obtain the Services and to take any appropriate action again you if you violate these Terms or otherwise violate applicable laws or regulations as determined by TRUID in its sole and absolute discretion.
You agree to indemnify and hold TRUID and its affiliates, vendors, suppliers, and authorized representatives (the "TRUID Affiliates") harmless from and against any and all claims, demands, damages, losses, liabilities, and expenses (including costs and attorneys' fees) arising out of or related to your (i) use of the Site and/or Services, (ii) violation of these Terms or any applicable laws or regulations or (iii) your information provided by you to TRUID or any third party on the Site or in relation to the Services. TRUID reserves the right, at your expense, to assume the exclusive defense of any matter for which you are required to indemnify TRUID or the TRUID Affiliates. You agree that you will not settle any matter without TRUID’s prior written consent.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "WHERE-IS" BASIS. TRUID EXPRESSLY DISCLAIMS AND NEGATES ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, TRUID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE INFORMATION PROVIDED ON THE SITE, AS PART OF THE SERVICES OR ANY THIRD-PARTY SITE OR SERVICES WHICH ARE LINKED TO THIS SITE.
The information on this Site could include technical, typographical, or photographic errors. TRUID does not warrant that any of the materials or information on the Site or included in the Services is accurate, complete, error-free, or current.
This Site and/or the Services may contain links to third-party sites, including, but not limited to, advertisements for third-party products and services. These links are provided as a convenience to you. TRUID does not review, monitor, endorse, warrant, or make any representation with respect to such sites linked to this Site or the services offered thereon. Your interaction with any such third-party sites is subject to such third-party's policies, terms, and conditions. You are solely responsible for conducting whatever investigation you determine is appropriate before interacting with a such third party(ies). The use of any such linked site is at your own risk, and TRUID is not responsible for any loss or damage which arises from your interactions with such a third party.
Communications between you and TRUID may involve electronic communications, including, without limitation, e-mails and messages posted on the Site. You consent to receive communications in electronic form and agree that all such communications satisfy any legal requirements that such communication would otherwise satisfy if they were transmitted in hardcopy written form.
In no event shall TRUID or the TRUID Affiliates be liable for any damages, including, without limitation, damages for loss of data or profits due to business interruption, costs of procuring substitute goods or services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or related to the use of or the inability to use the Site or Services, even if TRUID or a TRUID Affiliate has been notified orally or in writing of the possibility of such damage.
To the maximum extent permitted by law, TRUID’s liability or the liability of the TRUID Affiliates for any damages arising from or related to these Terms or your use of or inability to use the Site or Services shall at all times be limited to a maximum of US Twenty Dollars ($20.00).
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
TRUID reserves the right, in its sole discretion, to suspend or terminate your use of the Site and/or the Services for any reason and at any time. Upon any such suspension or termination, your access to the Site, the Services, your user information, and your user account may terminate immediately without notice. You understand that any suspension or termination may result in the permanent deletion of your user information and user account from TRUID’s systems and databases. As a condition to using the Site and/or the Services, you agree that you will not hold TRUID, its officers, directors, partners, consultants, or affiliates liable for any such suspension or termination or any resulting loss of information.
You hereby release and forever discharge TRUID (including its officers, directors, employees, agents, successors, and assigns), and the TRUID Affiliates from and hereby waive and relinquish all past, present and future claims, disputes, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature that have arisen or arise directly or indirectly out of or that relates directly or indirectly to the Site, the Services, your interactions with any third-party links or your interactions with any other users of this Site or the Services.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
These terms and conditions are governed by and construed in accordance with the laws of the state of Utah. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by binding arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event, any litigation should arise between you and TRUID in any state or federal court in a suit to vacate or enforce an arbitration award, or otherwise, YOU AND TRUID WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Any and all disputes or disagreements arising between you and TRUID for which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association as presently published and existing.
You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Salt Lake City, Utah, unless another location is mutually agreed to between you and TRUID. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration. This arbitration provision applies to your and TRUID’s subsidiaries, affiliates, employees, directors, successors, and assigns. The award entered by the arbitrator(s) will be final and binding in all respects, and judgment on the award may be entered in the Court having jurisdiction. The arbitrator shall not have the authority to add to, detract from, or modify any provision of these Terms or award punitive damages to any injured party.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent either you or TRUID from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
These Terms constitute the entire agreement between you and TRUID regarding the use of the Site and/or the Services. TRUID’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TRUID’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TRUID may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.