Terms of Use

1. Our services are governed by separate agreements

The Site describes our services and shares insights, guides and other resources. It does not create a client relationship. Any services we provide to you or your company are governed by a separate written agreement, such as a master services agreement, statement of work or order form. If those agreements conflict with these Terms, the agreement governs the services.

2. Eligibility

The Site is intended for businesses and professionals. You must be at least 18 years old to use it.

3. Information on the Site

We publish articles, guides, frameworks, benchmarks and other content for general information. We work to keep it accurate and current, but:

• It is not professional, legal, financial, tax or investment advice, and it does not consider your specific circumstances.
• Statistics, examples and results we describe come from the sources cited or from specific engagements, and are not a promise of similar results for your business.
• Content may become out of date, and we may change or remove it at any time without notice.
• You are responsible for how you use the information on the Site.

4. Intellectual property

The Site and its content, including text, graphics, diagrams, logos, frameworks, software and the selection and arrangement of these materials, are owned by Tru Performance or our licensors and are protected by copyright, trademark and other laws. “Tru Performance”, “ConvergeOS™” and our logos are trademarks of Tru Performance.

We grant you a limited, non-exclusive, non-transferable, revocable license to view the Site and to download or print content for your own internal business use, as long as you keep all copyright and other notices intact. You may quote short excerpts with a clear credit and a link to the original page. Any other copying, republishing, modifying, selling or distributing of Site content requires our prior written permission.

5. Acceptable use

When using the Site, you agree not to:

• Break any law or regulation, or infringe anyone’s rights.
• Upload or send malware, or anything designed to damage or interfere with the Site or its users.
• Attempt to gain unauthorized access to the Site, our systems or other users’ data, or probe or test the Site’s security without our written permission.
• Interfere with the Site’s operation, including by overloading it with requests.
• Use automated tools to scrape or copy the Site in a way that harms its performance, or to build a competing product or database, except as allowed by our robots.txt file. Search engines and AI crawlers that follow our robots.txt file may access the Site as permitted there.
• Submit false information, impersonate any person or company, or misrepresent your affiliation.
• Use our forms or contact details to send spam or unsolicited promotions.

We may suspend or block access to the Site for anyone who breaks these rules.

6. Information you submit

When you submit information through our forms, by email or otherwise, you confirm it is accurate and that you have the right to share it. Our Privacy Policy explains how we handle personal information.

If you send us ideas, suggestions or feedback, we may use them without any obligation to you. Please do not send confidential or proprietary information through the Site unless we have a confidentiality agreement in place.

7. Newsletters and text messages

If you subscribe to our newsletter, you can unsubscribe at any time using the link in each email. If you opt in to receive text messages from us, message frequency varies and message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to receive texts is not a condition of any purchase.

8. Third-party links and services

The Site may link to or embed third-party websites, tools and content, such as LinkedIn, YouTube or scheduling tools. We do not control them and are not responsible for their content, policies or practices. Your use of them is governed by their own terms.

9. Disclaimers

The Site and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure or free of viruses.

10. Limitation of liability

To the fullest extent permitted by law, Tru Performance and its affiliates, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from or related to your use of, or inability to use, the Site, even if we have been told such damages are possible.

Our total liability for any claim arising from or related to the Site will not exceed one hundred US dollars (US $100).

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

11. Indemnity

You agree to indemnify and hold harmless Tru Performance and its affiliates, officers, employees and agents from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site.

12. Copyright complaints

If you believe content on the Site infringes your copyright, send a notice to sales@truperformance.us that includes: your contact details; a description of the copyrighted work; the URL of the material you believe infringes it; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

13. Changes to the Site and these Terms

We may change, suspend or discontinue any part of the Site at any time. We may also update these Terms. When we do, we will change the “Last updated” date above. Your continued use of the Site after changes take effect means you accept the updated Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. You agree that the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising from or related to these Terms or the Site, and you consent to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

15. General

If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Site.

16. Contact us

Questions about these Terms? Contact us at sales@truperformance.us, call +1 631-366-7600, or write to Tru Performance, 600 N Broad Street, Suite 5 #3151, Middletown, DE 19709, USA.