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1. TruFit Talent’s User Agreement

This User Agreement (“User Agreement”) is a legally binding contract between TruFit Talent (“TruFit”, “We”, “Us”, “Our”), and both the unregistered and the registered users’ (“You” or “Your”) of TruFit’s website, online platform, and services (together, the “Platform”). The User Agreement details how TruFit’s Platform can and cannot be used. By accessing or using any part of the Platform, You expressly acknowledge that You have read, understood, and agree to be bound by this User Agreement and Our Data Protection & Privacy Policy, which can be found on Our website: https://trufittalent.com/privacy-policy/. If You do not agree to the terms of this User Agreement or Our Data Protection & Privacy Policy, then You must immediately discontinue use of Our website, Platform, and services. For purposes of clarity, the User Agreement applies to all users of TruFit’s Platform, including users with a separate written contract (the “Written Agreement”) with TruFit. In the event of any conflict between this User Agreement and the terms of any Written Agreement between TruFit and You, the terms of the Written Agreement will control and supersede the conflicting provisions of this User Agreement, but only to the extent of such conflict or inconsistency.

2. Access to and Use of TruFit’s Platform

TruFit shall have the exclusive right to, at any point and without notice, take down, restrict, make otherwise inaccessible, or amend the Platform in whole or in part. TruFit shall not be held responsible for any disruptions, regardless of their duration, or any damages potentially caused by the changes or restrictions to the Platform. It is Your responsibility to ensure that You have made all necessary arrangements, such as maintaining an active internet connection, keeping Your device updated and compatible with the Platform’s requirements, and possessing any required software, to access the Platform without interruption. TruFit will not be liable for any access issues arising from Your failure to meet these requirements.

Access to all portions of the Platform is restricted to users who are at least 18 years of age, and some portions of the Platform require prior registration. Registering requires You to provide Us with accurate, current, and complete information, and may include Your date of birth for age verification purposes. The Privacy Policy dictates the use of Your personal data, and by using the Platform, You agree that TruFit may process Your data in accordance with the Privacy Policy. TruFit reserves the right to request additional age verification, such as ID verification, it deems necessary to comply with privacy laws geared towards protecting minor users.

It is required that You hold in strict confidence any login information We may provide You in relation to Our Platform functionality. You must not share Your password with anybody under any circumstances. You also agree to not share Your personal account with any person who then may subsequently use Your information to visit parts of the Platform or access any content they would otherwise not be able to access. You shall inform TruFit immediately after becoming aware of any actual breach of security connected with Your account, including but not limited to unauthorized access or login and password compromise. You agree to “log out” (exit) from Your account after each completed use of Our Platform, exercising increased caution when accessing the Platform from a non-personal device, such as a public or shared computer.

If You encounter any issues with the Platform, please report them to TruFit by contacting Us at the email address listed below in this User Agreement or by using the contact form available on Our website.

TruFit reserves the right to, at any point, and in its sole discretion, with or without notice, disable or limit Your access to any password, username, or other individual identifier You may be using to access parts of Our Platform. Such an action can be taken if, for instance, We consider You violated any part of this User Agreement, including but not limited to the following circumstances: (i) providing false, inaccurate, or misleading information during registration or use of the Platform; (ii) creating multiple accounts or attempting to circumvent previous account restrictions; (iii) engaging in harassment, abusive conduct, or threatening behavior toward other users or TruFit personnel; (iv) attempting to gain unauthorized access to other users’ accounts or TruFit’s systems; (v) misusing the AI functionality by attempting to manipulate, reverse engineer, or exploit the system; (vi) sharing Your account credentials with unauthorized third parties; (vii) using the Platform for unauthorized commercial purposes or solicitation; or (viii) repeated violations of these terms after receiving prior warnings from TruFit. In cases where We identify accounts belonging to users under the age of 18 who have registered without parental consent, We will immediately suspend the account and contact the account holder. If parental consent is not obtained within 30 days, the account will be permanently terminated and all associated personal information will be deleted in accordance with Our data deletion policy.

3. AI Functionality and Data Use

By using TruFit’s platform, You acknowledge and consent to the integration of Artificial Intelligence (AI) into specific functionalities of the platform. While TruFit strives to maintain accurate AI functionality, You understand that AI-generated content and evaluations may not be perfect and TruFit makes no warranties regarding the accuracy of AI-generated results. The AI is utilized to interact with You in role-playing scenarios and to enhance Your experience. It processes data that You provide to evaluate and score Your skills and abilities related to job performance. This data is subsequently incorporated into the TruYu Profile Report. By agreeing to these terms, You consent to the use of AI in this manner, as outlined under Our Privacy Policy.

4. Content and Intellectual Property

The Platform and all of its contents, features, and functionality are the property of TruFit, Our licensors, or other providers of such material and are protected by international and United States intellectual property or proprietary rights, such as copyright, trademark, patent, or trade secret. The following marks are trademarks, service marks, and/or trade names claimed by TruFit and used in connection with TruFit’s Platform (but not an exhaustive list of TruFit’s intellectual property):

  • TruFit Talent;
  • TruYu Profile;
  • TruYu Growth Report;
  • TruTalent Match Score;
  • TruTalent Matching;
  • TruTeam Insight Matrix; and
  • TruFit’s company logo (a symbol designating a letter “T” and a letter “F” combined into one with a circular backdrop, along with the words “Tru Fit Talent” in stylized letters in the color blue).

TruFit claims exclusive rights to these marks and may seek federal trademark registration for them. Furthermore, these marks represent valuable intellectual property assets of TruFit, and any unauthorized use may result in legal action. The use of such marks in any way is prohibited unless prior written consent is obtained from TruFit. Please submit Your requests to connect@trufittalent.com.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Platform to any other website, platform, or service.

You may not modify any materials from the Platform or take illustrations, photographs, videos, audio, or graphics out of context by separating them from their accompanying text. You may not delete or alter any intellectual property notices from Platform content without TruFit’s explicit written consent. You may not access or use any part of the Platform for commercial purposes, except for the authorized business purposes of exploring a potential business relationship with TruFit or using the Platform in accordance with Your agreement with TruFit. If You breach this User Agreement regarding the use of content or the Platform, TruFit may terminate Your right to use the Platform. Any copies of Platform materials You have made must be returned to TruFit or destroyed upon request. No ownership rights in the Platform or its content are transferred to You. All rights not expressly granted in this User Agreement are reserved by TruFit. Any use of the Platform not expressly permitted by this User Agreement constitutes a breach and may violate copyright, trademark, and other applicable laws.

5. DMCA Notice and Takedown Procedure

TruFit respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), TruFit will respond expeditiously to claims of copyright infringement committed using Our Platform.

If You believe that Your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, You may notify Our designated DMCA agent by providing the following information in writing:

  • Your physical or electronic signature;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material claimed to be infringing and information sufficient to permit Us to locate the material;
  • Your contact information, including address, telephone number, and email address;
  • A statement that You have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

Upon receipt of a valid DMCA notice, TruFit will remove or disable access to the allegedly infringing material, notify the user who posted the material of the removal, and provide the user with information about filing a counter-notification if they believe the material was removed in error.

If You believe that material You posted was removed or disabled by mistake or misidentification, You may file a counter-notification by providing Our DMCA Agent with the following:

  • Your physical or electronic signature;
  • Identification of the material that was removed and the location where it previously appeared;
  • A statement under penalty of perjury that You have a good faith belief that the material was removed as a result of mistake or misidentification;
  • Your name, address, telephone number, and email address;
  • A statement that You consent to the jurisdiction of the federal court in Delaware and that You will accept service of process from the complainant; and
  • A statement that You will accept service of process from the person who provided the original DMCA notification.

Upon receipt of a valid counter-notification, TruFit will restore the removed material within 10-14 business days unless the original complainant files a court action seeking an order to restrain the allegedly infringing activity.

TruFit maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers. TruFit reserves the right to terminate any user’s access to the Platform if that user is determined to be a repeat infringer.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages. Similarly, submitting a false counter-notification may result in liability for damages, including costs and attorneys’ fees.

You may contact TruFit’s DMCA Designated Agent by mail or email at the following:

Email: connect@trufittalent.com
Physical Address: 3722 N. Washington, Tacoma, WA 98407

6. User Generated Content and Platform Rights

“User Generated Content” or “UGC” means any and all content, materials, information, data, text, software, music, sound, photographs, graphics, video, messages, reviews, comments, feedback, suggestions, ideas, or other materials of any kind or nature that You submit, post, upload, transmit, or otherwise make available through the Platform, whether publicly or privately transmitted. You grant to TruFit a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, transfer, perform, display, and otherwise exploit all UGC in any form, media, or technology now known or later developed, including but not limited to incorporating any UGC into other works, products, services, marketing materials, or advertising. You agree that TruFit will not be bound to treat any UGC as confidential and may use any UGC in its business operations in accordance with this Agreement and Our Privacy Policy, without incurring any liability for royalties or any other consideration of any kind.

TruFit reserves the right, but assumes no obligation, to monitor, review, screen, edit, approve, reject, refuse, block, remove, or delete any UGC at any time and for any reason in TruFit’s sole discretion, including but not limited to UGC that TruFit determines violates this User Agreement or applicable law, or is otherwise objectionable. TruFit may take these actions without prior notice to You and without liability to You or any third party. You acknowledge that TruFit does not pre-screen UGC and that You use the Platform at Your own risk. Your submission of UGC constitutes Your consent to TruFit’s monitoring of such content for compliance with this User Agreement and applicable law. TruFit may use automated systems, artificial intelligence, human review, or any combination to moderate content. The failure by TruFit to monitor, review, or remove any particular UGC does not constitute a waiver of TruFit’s rights or responsibilities under this section. Users are encouraged to report any inappropriate content or conduct by contacting our support team at support@trufit.com.

All UGC must comply with the content standards and prohibited uses set forth in Section 7 of this User Agreement. You are solely responsible for Your UGC and the consequences of posting or publishing it. You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize TruFit to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any UGC to enable inclusion and use the UGC in the manner contemplated by the Platform and this User Agreement.

If TruFit removes or restricts access to Your UGC, We may, but are not obligated to, notify You of such action and the reason for the removal or restriction. You may contact Us to request clarification regarding removed content, but TruFit’s content moderation decisions are final and not subject to appeal unless required by applicable law.

7. Prohibited Uses

The Platform can be used for lawful purposes and in a lawful manner only, and in accordance with this User Agreement. This Platform cannot be used in any way which violates any laws, including but not limited to national, regional, or international regulations. Prohibited uses include sending, knowingly receiving, uploading, downloading, using, or reusing any material which:

  • Is incompatible with applicable laws;
  • Infringes intellectual property rights of TruFit or other holders of such rights, including trademark, patent, copyright, trade secret, or other;
  • Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promotes discrimination based on sex, race, ethnicity, religion, nationality, age, disability, or another immutable characteristic;
  • Promotes violence or hate speech;
  • Promotes sexually explicit or pornographic material, especially involving minors;
  • Is likely to deceive another person, entity, or machine;
  • Violates the legal rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this User Agreement and Our Privacy Policy;
  • Promotes, advocates for, or assists any illegal activity; or
  • Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.

Using the Platform in any prohibited way laid out above will disqualify You from further use of the Platform. TruFit retains the exclusive right to remove any user from the Platform who it views to have engaged in any prohibited use of the Platform.

You may not use the Platform for direct marketing purposes, including sending spam or similar unsolicited messages, without Our prior written consent. You agree not to impersonate or attempt to impersonate TruFit, any of Our employees or any natural persons or entities. You may also not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by Us, may harm the Company or users of the Platform, or expose them to liability.

You further agree not to use the Platform, or any information hosted on it, in a way which would restrict or impede the Platform’s availability, in whole or in part, for any other users, or interfere with their legitimate use of the Platform. You are not allowed to use any program or algorithm, such as web crawlers or bots, including malicious technology such as viruses, trojans, worms, for any purpose relating to access or use of the Platform or any of its contents. It is prohibited to use any automated or manual process to monitor and/or copy the Platform’s contents for any unauthorized purpose without Our prior written consent. Any interference, damaging, or disruption or attempts at such acts on any part of the Platform, the servers hosting it, any databases and computers connected is prohibited, including but not limited to denial of service (DoS) and distributed denial of service (DDoS) attacks.

8. Reliance on Information Posted

Information on Our Platform is provided for general informational purposes only. TruFit makes no representations or warranties regarding the completeness, accuracy, reliability, or usefulness of this information. You should not assume that any of the material available on the Platform is complete or up to date, and We are under no obligation to update potentially outdated content. You acknowledge and agree that any reliance on information found on Our Platform is entirely at Your own risk. TruFit shall not be held liable for any claims, damages, or losses arising from Your reliance on information on Our Platform, whether You act on this information directly or share it with others.

Any statements or opinions expressed in the materials provided by third parties such as users or licensors are to be considered opinions of those parties only, with any responsibility for such statements falling exclusively on them. The information may not reflect Our opinions and beliefs. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

9. Warranty, Disclaimer of Warranty, and Limitation of Liability

By using the Platform, You understand that TruFit cannot and does not guarantee or warrant that any data You download from the Platform will be free of malicious code such as computer viruses. You are responsible for protecting Your devices and data against potentially destructive programs and for maintaining Your own backup and data recovery capabilities independent of the Platform.

TRUFIT SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY MALICIOUS TECHNOLOGY SUCH AS VIRUSES OR (D)DOS ATTACKS THAT MAY INFECT YOUR DEVICE(S), DATA, PROGRAMS, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE PLATFORM OR ANY SERVICES PROVIDED THROUGH IT, OR DUE TO YOU DOWNLOADING ANY MATERIAL POSTED ON IT OR A RELATED PLATFORM.

YOUR USE OF THE PLATFORM, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH IT IS AT YOUR OWN EXCLUSIVE RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TRUFIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE WARRANTIES MAY BE LIMITED BUT NOT EXCLUDED, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO TRUFIT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

IN NO EVENT SHALL TRUFIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, YOUR AFFILIATES, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR IN CONNECTION WITH ACCESSING OR USING THE PLATFORM OR THE INABILITY TO DO SO, THE CONTENT HOSTED ON THE PLATFORM OR PLATFORMS RELATED TO IT. OUR LIABILITY MAY ALSO BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

10. Indemnification

You agree to defend, indemnify, and hold harmless TruFit and Our agents, affiliates, employees, officers, and directors from and against any and all claims, obligations, liabilities, damages, judgments, awards, losses, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your access to or use of the Platform; (ii) Your violation of this User Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that Your content caused damage to a third party; or (v) any harm to a third party arising from Your gross negligence or willful misconduct in connection with Your use of the Platform.

11. Changes to the User Agreement

TruFit reserves the right to modify this User Agreement at any time with such modifications becoming effective immediately upon posting the updated terms on the Platform, unless otherwise specified in the modified User Agreement. When We make material changes to this User Agreement, We will provide notice by:

  • Posting the updated User Agreement on the Platform with a new “Last Updated” date;
  • Sending email notification to registered users notifying users of the updated terms;
  • Displaying a prominent notice on the Platform when You first access it after changes are posted.

If You do not agree with the changes to this User Agreement, You have the right to terminate Your use of the Platform. Continued use of the Platform after the changes take effect constitutes Your acceptance of the modified User Agreement.

12. Survival

Upon termination of this User Agreement, the following terms will survive and remain in full force and effect: Section 4 (Content and Intellectual Property), Section 6 (User Generated Content and Platform Rights), Section 7 (Prohibited Uses), Section 9 (Warranty, Disclaimer of Warranty and Limitation of Liability), Section 10 (Indemnification), Section 13 (Governing Law and Jurisdiction), and Section 14 (Time Limitations).

13. Governing Law and Jurisdiction

The laws of the state of Delaware shall govern the interpretation and enforcement of this User Agreement, any issues relating to the Platform, and any dispute arising out of or related thereto, without regard to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the state and federal courts, located in the state of Delaware, with respect to any dispute arising out of or relating to this User Agreement.

14. Time Limitations

Any action or claim You may have in connection to this User Agreement or the Platform must be filed and commenced within six (6) months after the cause of action accrues. Otherwise, the cause of action or claim becomes permanently time-barred and cannot be further relied upon.

15. Force Majeure

TruFit will not be liable for any failure or delay in performing its obligations under this User Agreement due to events beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, civil unrest, strikes, lockouts, industrial actions, government actions, or interruptions in telecommunications or internet services. In such circumstances, TruFit will be entitled to a reasonable extension of time for the performance of its obligations.

16. Contact

By using the Platform, You consent to receive all communications from Us electronically. These communications may include notices about Your account, legal disclosures, or updates to Our policies. We may contact You via email, SMS, push notification, or other methods based on the contact information You provide. These communications may include updates about Your account, service announcements, or other relevant information.

This Platform is operated by TruFit Talent with headquarters in Tacoma, Washington located at:

3722 N. Washington
Tacoma, WA 98407

If You have any questions, comments, concerns, requests, or other matters You would like to address in connection to the Platform or this User Agreement, please contact Us using the above address or send an email to: connect@trufittalent.com.