Legal

Introduction

The following is the terms of use agreement (“TOU”) relating to this website, between you and True North Custom Publishing, LLC, a Tennessee limited liability company doing business as True North and True North Custom (“True North”). By accessing and/or using this website, you acknowledge that you have read, understand, and agree to be bound by these TOU without limitation or qualification, and to comply with all applicable laws and regulations. If you do not agree to these TOU, please do not use this website. True North may revise these TOU and make changes in the products or services described in this website. You will have notice of the revisions and changes by the fact that the current TOU, products and services will be displayed whenever you view the website, provided you are not viewing the website through the cache system on your computer.

From time to time, this website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this website. The information provided on this website is free of charge and for informational purposes only and does not create a business or professional services relationship between you and True North.

Copyrights, Trademarks, Other Intellectual Property

Unless otherwise stated, the contents of this website including, but not limited to, the text and images contained herein and their arrangement are the property of True North and are protected by Copyright law and the laws of other intellectual property. This website and the content provided in this website, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of True North, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, or for good faith consideration of engaging True North’s products or services, and provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. Except for the limited permission in the preceding sentence, nothing contained in this website shall be construed as conferring (by implication, estoppel, or otherwise) any license or right to any copyright, patent, trademark or other proprietary interest of True North or any third party.

The following are trademarks or registered trademarks of True North. It is unlawful for you to use any of True North’s trademarks in violation of law or these TOU. This list is not a comprehensive list of all True North trademarks. All non-True North trademarks used or referred to in this website are the property of their respective owners.

TRUEINSIGHTS
TRUE NORTH
TRUE NORTH CUSTOM
THE RIGHT SOLUTION FOR YOUR STRATEGY
NURSERY NOTES
TRUE NORTH
TRUECUSTOM
TRUECONNECT
STAR + TRUE NORTH
STAR + “TRUE NORTH CUSTOM” LOGO
DISCOVER YOUR TRUE NORTH
STRATEGY+CONTENT+RESULTS
WHERE HEALTHCARE MARKETING FINDS ITS WAY.
TRUEANALYTICS
TRUETEST
TRUETARGET
WHERE HEALTHCARE MARKETING CHARTS ITS COURSE.

Digital Millennium Copyright Act Notices

It is the policy of True North to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, this website, another system or network controlled or operated by or for True North or where (ii) True North, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a website that contains the copyrighted material. If you are alleging that copyrighted material may have been or is being infringed, then you may notify True North, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 ©, by sending a notice to the address listed below. Such notice must include the following to be effective:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit True North to locate the material;
Information reasonably sufficient to permit True North to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of 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 owner of an exclusive right that is allegedly infringed.

Counter Notices

If material you have posted to this website, another system or network controlled or operated by or for True North has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to thejurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which True North may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 ©(1)© or an agent of such person.

DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES

All written notices should be sent to the following Designated Agent:
Designated Agent: Kris R. Keeney, Esq.
Address of Designated Agent: 5380 Twin Hickory Road, Glen Allen, Virginia 23059 Email address of Designated Agent: kriskeeney@digitalaw.com
Telephone number of Designated Agent: 804–505-0047

Links or References

This website may provide links or references to non-True North websites and resources. True North makes no representations, warranties, or other commitments or endorsements whatsoever about any non-True North websites or third-party resources that may be referenced, accessible from, or linked to any True North site. In addition, True North is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a True North site. When you access a non-True North website, even one that may contain the True North-logo, please understand that it is independent from True North, and that True North does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TRUE NORTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TRUE NORTH MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUE NORTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TRUE NORTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

INDEMNIFICATION

You agree to indemnify True North and affiliates against liability, and to defend, indemnify, and hold harmless True North and affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and foreseeable), judgments, limitation costs and expenses, including but not limited to reasonable attorney’s fees, arising from or in any way related to any breach by you of these TOU.

Other Provisions

If any term in this TOU is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this TOU will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this TOU. True North maintains this website in Tennessee, U.S.A. and you agree that these TOU and any legal action or proceeding relating to this website shall be governed by the laws of the State of Tennessee without reference to its choice of law rules. If you attempt to bring any legal proceedings against True North you specifically acknowledge that such proceedings will occur in a Court of competent jurisdiction in or geographically nearest to Hamilton County Tennessee, without regard to where in the world you are located, or from where in the world you visited this site. The Uniform Computer Information Transactions Act (“UCITA”) does not apply to these TOU to the extent UCITA conflicts with any provisions in these TOU. If any legal action is necessary to enforce these TOU, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.