TERMS AND CONDITIONS

Last Updated: April 13, 2024

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11 BELOW. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER CONTAINED HEREIN, PLEASE DO NOT USE ANY OF THE SERVICES.

These Terms and Conditions contain the terms and conditions that govern the Services and are a legally binding agreement between Truth and you. By accessing or using Truth’s Services, you (1) are confirming that you have read, that you understand and that you agree to be bound by all of these Terms and Conditions and any additional terms, rules and conditions issued by Truth from time to time and (2) are consenting to the collection, use, sharing and storage of your personal information and other handling of information as described in Truth’s Privacy Policy and throughout these Terms and Conditions. If you do not agree to the Terms and Conditions or perform any and all obligations under these Terms and Conditions, then you may not access or use the Services.
Truth may make changes to the Terms and Conditions from time to time. When making such changes, Truth will post the updated Terms and Conditions on this page and will indicate the date the Terms and Conditions were last revised. The updated Terms and Conditions shall be effective as of the time it is posted for new users, and will be effective thirty (30) days after they are posted for existing users of the Services. You understand and agree that your continued use of the Services after the posting of any updated Terms and Conditions indicates your acceptance of these modified terms.
To be eligible to use the Services, you must be a resident of one of the countries in which the Services are supported and be the age of majority in your country of residence. You represent to Truth that you are lawfully able to enter into these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of an entity, you represent to Truth that you have legal authority to bind that entity, in which case “you” will mean that entity. The information on the Truth Arts Website is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations, or which would subject Truth to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Services while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

1. DEFINITIONS

1.1. “Agreement” means these Terms and Conditions.
1.2. “Applicable Law” means any domestic or foreign law, rule, statute, regulation, by- law, order, protocol, code, decree, or other directive, requirement or guideline, published or in force which applies to, or is otherwise intended to govern or regulate, any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental authority having jurisdiction over the Services, you, or as otherwise duly enacted, enforceable by law, the common law or equity.
1.3. “Content” means any information, code, data, functionality, website design text, software, music, audio, photographs, graphics, video, messages, tags and/or other materials. 1.4. “Digital Assets” means any cryptocurrency, crypto asset, NFT, blockchain-based token, or other digital asset.
1.5. “Discord” means our Discord server located at https://discord.gg/illuminati.
1.6. “Feedback” means any ideas, suggestions, submissions, documents, and/or proposals that you submit to Truth through any communication channel or otherwise through the Services.
1.7. “Marks” means Truth’s, and Truth Parties’, trademarks, service marks and logos.
1.8. “Networks” means distributed, decentralized, shared, and replicated ledgers also referred to as blockchains, with Smart Contract functionality on which the Services are provided or on which Digital Assets are transferred, purchased or traded, and which may include, but not be limited to, the Ethereum Network.
1.9. “NFT” means any blockchain-tracked, non-fungible token.
1.10. “Open-Source Software” means any software or components thereof subject to “open source” or “free software” licenses.
1.11. "Platform" refers to the digital infrastructure provided by Truth, which includes, but is not limited to, software, user interfaces, databases, and other tools, that enable users to interact with, utilize, or access the Services.
1.12. “Privacy Policy” means Truth’s Privacy Policy located at Privacy Policy.
1.13. “Services” means your access to and use of the Truth Arts Website, the Platform, as well as any other services or media form, media channel, websites, mobile website, or mobile application related thereto.
1.14. “Smart Contract” means an event-driven program, with state, that runs on a distributed, decentralized, shared, and replicated ledger and which can take custody over and instruct transfer of assets on that ledger.
1.15. “Terms and Conditions” means these Terms and Conditions that govern your access to and use of the Services.
1.16. “Third-Party Service” means third-party websites, marketplaces, applications, Smart Contracts, extensions, and advertisements for third-parties accessible or otherwise connected to the Services, but not provided by Truth.
1.17. “Truth” means Truth Arts, Inc. a Delaware corporation, and any successor, subsidiary, or entity formed from a merger, acquisition, consolidation, or reorganization involving Truth Arts, Inc.
1.18. “Truth Arts Website” means the website located at https://www.trutharts.com/.
1.19. “Truth Parties” means Truth, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, partners, suppliers, and licensors.
1.20. “User” is someone who accesses the Truth Arts Website.
1.21. “User Content” means any Content that is made available by Users on or through the Services.
1.22. “Wallet” means a software-based system for storage of Digital Assets and payment information related thereto.
1.23. “you” or “your” means you and the entity you represent.

2. SERVICES, LICENSES, AND GENERAL TERMS
2.1. Services Personal Use Only. Subject to your continued compliance with these Terms and Conditions, Truth grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services for your own personal non-commercial purposes.
2.2. Reservation of Rights. Truth reserves all rights in and to the Services, the Platform, and Truth Arts Website not expressly granted to you under these Terms and Conditions.
2.3. License Termination. Access to the Services and the licenses granted to you hereunder shall automatically terminate and all rights shall return to Truth if: (i) you breach this Agreement; (ii) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (iii) you engage in any unlawful business practice related to the Services; or (iv) you initiate any legal actions against the Truth Parties.
2.4. User Registration. Subject to these Terms and Conditions, you may be required to register to access the Services. Truth reserves the right to remove, reclaim or change a username you select if Truth determines, in its sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
2.5. Transactions. Transactions that take place using the Services may be confirmed and managed via the Networks. Truth will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. You understand that your Wallet public address will be made publicly visible whenever you engage in a transaction using the Services.
2.6. Applicable Laws. You are solely responsible for determining what, if any, Applicable Laws apply to your use of the Services. Truth is not responsible for determining the laws that apply to your place of residence or any other applicable jurisdiction. You unequivocally agree and understand that by registering a Truth Arts Account or using the Services in any capacity, you will act in compliance with and be legally bound by this Agreement and all Applicable Laws. For the avoidance of doubt, continued use of the Services under this Agreement are conditional on your continued compliance at all times with this Agreement and all Applicable Laws.
2.7. Fees. By using the Services, you agree to pay all applicable fees, including gas fees and transaction fees (if appliable). Any attempt to circumvent the payment of transaction fees or use of a Third-Party Service that does not honor a required transaction fee may be deemed in material breach of these Terms and Conditions and Truth reserves the right to terminate these Terms and Conditions, your access to the Services, or any licenses granted hereunder.
2.8. Updates. You acknowledge and agree that blockchain technologies are ever- evolving and advancing and that Truth may update or change the nature of the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
2.9. Necessary Equipment and Software. In order to use the Services and access certain of its features, you may need a Wallet that is supported by or compatible with the Services. You must provide all equipment, software, and hardware necessary to connect to the Services. You are solely responsible for any fees, including Internet connection, that you incur when accessing the Services. You are solely responsible for keeping your hardware devices secure. Truth will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated using the Services.
2.10. Age Requirement. By using, accessing, or participating in the Services, you represent, warrant, and affirm that you are at least 18 years of age or have reached the age of majority in your jurisdiction, whichever is greater. If you are not at least 18 years of age or have not reached the age of majority in your jurisdiction, you are prohibited from using the Service, and you must cease all activities and usage of the Service immediately. Creating an account or otherwise utilizing the Service represents your statement and confirmation that you meet this age requirement.
2.11. Communications. By entering agreeing to the Terms and Conditions, you agree to receive electronic communications and notifications from Truth.
2.12. Security of User Information. You are responsible for maintaining the confidentiality and security of all account names, user IDs, passwords, private keys, and other information that you may use to access the Services. You are responsible for keeping your email address and all other account holder and User information up to date and for maintaining the confidentiality of your User information. You agree to (i) notify Truth immediately if you become aware of any unauthorized use of your account or any other breach of security regarding the Platform. We strongly advise you to enable all security features that are available to you (such as, by way of example two-factor authentication); this offers you enhanced protection from possible malicious attacks. Truth will not be liable for any loss or damage arising from your failure to protect your account information.
2.13. Representations.
(a) USA. You represent that you are not a person barred from using the Services under the laws of the USA, your place of residence, or any other applicable jurisdiction. Specifically, you represent that you are not located in, organized in, or a resident of Cuba, Iran, Syria, North Korea, Russia, the Crimea region, Venezuela, or any other jurisdiction where Applicable Law prohibits you from accessing or using the Services. You are responsible for all activities that occur during your use of the Services. You agree that you shall monitor your use of the Services to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You assume liabilities resulting from the minor’s use of the Services, including the transmission of content or information to and from third- parties via the Internet.
(b) International. You represent that you are not listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations.
2.14. Intellectual Property Rights. You acknowledge and agree that Truth and/or its licensors own all intellectual property rights in and to the Services. You acknowledge and agree that the Services are licensed, not sold, and that except as expressly stated herein, these Terms and Conditions do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services. All Truth Content and Marks contained therein are owned, controlled by, used or licensed to Truth, and are protected by copyright and trademark laws and various other intellectual property rights laws. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
2.15. Copies. Except as expressly provided in these Terms and Conditions, no part of Truth’s Services, Content and Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal purpose whatsoever, without Truth’s express prior written consent, which may be granted, withheld, conditioned and/or delayed in Truth’s sole and absolute discretion.
2.16. Open-Source Software. You acknowledge that the Services may use, incorporate or link to certain Open-Source Software and that your use of the Services is subject to, and you will comply with any, applicable Open-Source Software licenses. Each item of Open-Source Software is licensed under the terms of the end-user license that accompanies such Open-Source Software. Nothing in the present Terms and Conditions shall limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Source Software. If required by any license for particular Open-Source Software, Truth shall make such Open-Source Software, and Truth’s modifications thereto, available by written request at the notice email specified below.
2.17. Feedback. You agree that submission of Feedback by you to Truth is non- confidential and will become Truth’s sole property. You agree that submission of Feedback is at your own risk and that Truth has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Truth a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.

3. LINKED SITES AND THIRD-PARTY SITES AND SERVICES.
3.1. Links to Other Websites. The Website may contain links to other websites that are owned and operated by our company or its affiliates, including, but not limited to, the websites of other Web 3 projects, app.trutharts.com, and shop.goblintown.com ("Linked Sites"). It is important to note that each Linked Site may have its own set of terms and conditions, privacy policies, and data collection practices, independent of this Website. Access to and use of any Linked Sites are subject to their respective terms and conditions. In the event of a conflict between these Terms and Conditions, and the terms and conditions of a Linked Site, the terms and conditions of the Linked Site shall prevail.
3.2. Third-Party Sites and Services.
• Truth is not party to any agreement between any users or Third-Party Services. Truth is not liable for any loss incurred by you in connection with any transfer or transaction that takes place via the Services or on any other Third-Party Services, including, but not limited to, losses incurred in connection with purchasing or selling Digital Assets.
• The Services may contain, or in some cases, integrate with Truth’s Services, certain Third-Party Services. When you click on a link to access or use a Third-Party Service, Truth will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. You may be required to agree to Third-Party Services’ terms of service and/or privacy policy to use the Third-Party Services when acquiring, transferring, or disposing Digital Assets. Such Third-Party Services are not under the control of Truth. Truth does not endorse or assume any responsibility for any such Third-Party Services. Truth will not be liable in any way for the acts or omissions of third-parties, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such Third-Party Services. Truth provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave the Services, these Terms and Conditions and its policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party. You expressly relieve Truth of any and all liability arising from your use of any such Third-Party Service.
• With respect to third-party Content, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the third-party Content.
3.3. User Disputes. If there is a dispute between you and any other User or Users of the Service or a Third-Party Service, you agree that Truth is under no obligation to become involved in such dispute. You hereby release Truth and the Truth Parties from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any transactions, agreements, interactions, dealings, and/or communications between you and any other users and/or any resulting disputes. If you are a California resident, you shall hereby waive California Civil Code Section 1542 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.”

4. USER CONDUCT
4.1. You agree that you are solely responsible for your conduct in connection with the Services. Any unauthorized use of the Services automatically terminates the licenses granted to you by Truth pursuant to these Terms and Conditions. You agree to use the Services only for purposes that are legal, proper and in accordance with this Agreement and any Applicable Laws or regulations. By way of example, and not as a limitation, you may not (and will not attempt to), and may not allow any third- party acting on your behalf to:
● provide false or misleading information to Truth;
● use the licenses granted to you herein to advertise, market, or sell any third-party product or service, except as expressly permitted in these Terms and Conditions;
● use the licenses granted to you herein in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of other;
● sell, distribute for commercial gain, or otherwise commercialize the Services or licenses granted herein, except as expressly permitted in these Terms and Conditions;
● access or utilize the Services to create a competing product or service.
● use or attempt to use another User’s Wallet without authorization from such User;
● pose as another person or entity;
● use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
● develop, utilize, or disseminate any software, or interact with the Services in any manner, that could damage, harm, or impair the Services;
● bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
● attempt to circumvent any content-filtering techniques Truth employs;
● use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by Truth to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
● collect or harvest data from the Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; ● mislead to obtain other Registered Users credentials and passwords;
● use data collected from the Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
● bypass or ignore instructions that control all automated access to the Services;
● use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any Applicable Law or these Terms and Conditions;
● carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing;
● deliberately engage in activities designed to adversely affect the performance of the Services;
● upload, post, e-mail, transmit or otherwise make available through the Services any content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
● send, upload, or spread Content that is defamatory, harassing, abusive, fraudulent, violent, obscene, or promotes illegal activity;
● modify, adapt, translate, or reverse engineer any component of our Services; or
● attempt to access any Wallet that you do not have the legal authority to access.
4.2. If you engage in any of the activities prohibited by this section, Truth may, at its sole and absolute discretion, without notice to you, and without limiting any of Truth’s other rights or remedies at law or in equity, immediately suspend or terminate your Account, including your access to the Services, or terminate any license granted to you under these Terms and Conditions.
4.3. Truth may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, Truth shall have the right, in its sole discretion, to remove any of your Content for any reason (or no reason), including if such content violates these Terms and Conditions or any Applicable Law. If Truth becomes aware of any possible violations by you of any provision of these Terms and Conditions, Truth reserves the right to investigate such violations, and Truth may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your Content, in whole or in part, without prior notice to you.

5. ASSUMPTION OF RISK AND ACKNOWLEDGMENTS
5.1. Security Breaches. You acknowledge that the Services, including but not limited to the Smart Contract based applications, are subject to potential security vulnerabilities, including, but not limited to hacks or other security breaches. By using the Services, you acknowledge that Truth is not liable for, and you expressly release Truth from, any and all responsibility and liability associated with unauthorized access, hacks, or any other security intrusions that may result in the loss or theft of your Digital Assets, data, or other personal or financial information.
5.2. Network Risk. In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the Network supporting such Digital Asset. The Services rely on emerging technologies which involve a high degree of risk. Truth has no control over any Network and therefore cannot and does not ensure that any transaction details that you submit or receive via the Services will be validated by or confirmed on the relevant Network and does not have the ability to facilitate any cancellation or modification requests.
5.3. Wallet Risk. Truth does not store or hold your Wallet’s private keys, which are used to process transactions. By accessing and using the Platform, you acknowledge and agree that the private keys of your wallet are generated, stored and managed by you; you have full control and access to the Digital Assets in your Wallet and you are solely responsible for the security of your own wallet and the assets stored within it. Truth is not responsible for any loss or damage to your assets that may occur as a result of your failure to properly secure and manage your private keys and recovery phrases or seed words. You further accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including, but not limited to, loss as a result of authorized and unauthorized access to your Wallet, and loss as a result of malfunction of the Services, to the maximum permitted by law.
5.4. Taxes. You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. Truth is not responsible for determining the taxes that apply to Digital Assets transactions. You will be solely responsible to pay any and all income, capital gains, sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on Truth’s net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services (including, without limitation, any taxes that may become payable as the result of your ownership, or transfer of Digital Assets, and any activity conducted by you when using the Services). Except for income taxes levied on Truth, you: (i) will pay or reimburse Truth for all national, federal, provincial, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Truth pursuant to these Terms and Conditions.
5.5. Timelines. The Services may contain references to estimated timelines and potential future activities. These references are merely suggestive and there are no guarantees that any activities listed will occur, nor are there any guarantees that such timelines will be accomplished by any indicated dates. Truth may delay, defer, or choose not to implement any activities, in Truth’s sole and absolute discretion, and without any recourse to you. You recognize the Services remain in “beta” and that the blockchain industry and regulatory landscape is unsettled and constantly evolving and that certain milestones may become unfeasible or undesirable to implement.
5.6. Other Acknowledgments. You accept and acknowledge that:
● You are aware that prices of Digital Assets are extremely volatile and fluctuations in the prices of other Digital Assets may impact the price of your Digital Assets. Truth cannot guarantee that Digital Assets will retain any value, as their value is inherently subjective and factors occurring outside of the Services may materially impact the value and desirability of any particular Digital Asset. Truth makes absolutely no promise or guarantee that Digital Asset will be worth anything more than what you and the market deem the art to be worth. This could very well be zero. Any future benefits are incidental and you agree that you are not relying on any future commitments by Truth.
● You are financially and technically sophisticated enough to understand the inherent risks associated with using cryptocurrency and blockchain-based systems and upgrading your software and processes to accommodate protocol updates, and that you have a working knowledge of the usage and intricacies of Digital Assets, and in particular, you understand that blockchain-based transactions are irreversible.
● You further understand and accept that Digital Assets present market risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system is variable, that cost may increase dramatically at any time, and that cost and speed is not within the capability of Truth to control. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds. Truth makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.
● That cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Smart Contracts, Digital Assets and the Services, which could result in the theft or loss of your Digital Assets, among other potential consequences. By using the Services you acknowledge and agree to undertake these risks.
● The regulatory regime governing the Networks and Digital Assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets. You understand that Truth, Digital Assets, and the Networks could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Services or the Networks.
● That Truth does not control any blockchain protocol, nor does Truth control any Smart Contract that is not otherwise offered by Truth as part of the Services. You agree that you alone, and not Truth, is responsible for any transactions that you engage in with regard to supporting any blockchain protocol, or any transactions that you engage in with any third-party-developed Smart Contract or token, including Digital Assets that were created by a third-party for the purpose of fraudulently misrepresenting affiliation with any blockchain project. You agree that Truth is not responsible for the regulatory status or treatment of any Digital Assets that you may access or transact with using the Services. You expressly assume full responsibility for all of the risks of accessing and using the Services to interact with blockchain protocols. Truth does not control or have the ability to reverse any blockchain transactions. Truth is not liable for issues arising for failed payments.
● Truth does not store, send, or receive Digital Assets, with the exception of Digital Assets received in payment or fees for the Services. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting Network, and so any transfer of Digital Assets occurs within the supporting Network and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the Network used to process the transaction. Once transaction details have been submitted through your Wallet, Truth cannot assist you to cancel or otherwise modify your transaction or transaction details. Truth makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.
● There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third-parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on Smart Contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Truth will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using the Networks, however caused.
● Truth makes no guarantee as to the functionality of any Network’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a Network may be subject to sudden changes in operating rules which may materially alter the Network and affect the value of Digital Assets supported by that Network.
● Truth makes no guarantee as to the security of any Network. Truth is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a Network.
● The Services rely on, and Truth makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet and third-party service provider to perform any transactions.
● Nothing pertaining to your participation in the Services is intended to be an offering of securities in any jurisdiction nor does it constitute an offer to purchase shares, securities, or other financial products. It remains your sole responsibility to assure that the purchase or acquisition of a Digital Asset is in compliance with laws and regulations in your jurisdiction.
● Truth does not provide investment, tax, or legal advice, nor does Truth broker trades on your behalf. You should consult your legal or tax professional regarding your specific situation. Truth may provide educational information about Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third- party content, news feeds, tutorials, and videos. The information provided via the Services or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Platform's content as such.
● Truth is not a trust company nor does Truth have a license to provide any custody service. Accordingly, Truth is not providing any regulated services to Users. Additionally, for the avoidance of doubt, Truth is not a fiduciary, and Truth does not provide any trust or fiduciary services to any User in the course of such User visiting, accessing, or using the Services.

6. INDEMNIFICATION
6.1. You agree to indemnify, defend, and hold harmless the Truth Parties from any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any and all of the following: (a) your Content; (b) your use of, or inability to use, any of the Services; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another party, including any Users, or any intellectual property rights; or (e) your violation of any Applicable Laws, rules or regulations. Truth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Truth in asserting any available defenses. This provision does not require you to indemnify any of Truth Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of these Terms and Conditions and/or your access to the Services.

7. DISCLAIMER OF WARRANTIES AND CONDITIONS
7.1. AS IS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUTH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. TRUTH MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND/OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE S E RV I C E S W I L L B E A C C U R AT E O R R E L I A B L E . A N Y C O N T E N T DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATION AND OTHER DISRUPTIONS. TRUTH MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRUTH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.2. NO LIABILITY FOR SECURITY BREACHES. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
7.3. NO LIABILITY FOR CONDUCT OF THIRD-PARTIES. YOU ACKNOWLEDGE AND AGREE THAT TRUTH IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TRUTH LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTIES RESTS ENTIRELY WITH YOU. TRUTH MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD-PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRUTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OR ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT TRUTH HAS MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. TRUTH WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS. TRUTH WILL NOT BE RESPONSIBLE FOR THE LOSS OF ANY DIGITAL ASSETS IN THE EVENT THE SERVICES ARE COMPROMISED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR TAKING DILIGENT STEPS TO INDEPENDENTLY VERIFY THE LEGITIMACY OF HYPERLINKS OR OTHER COMMUNICATIONS BEFORE CLICKING OR CONNECTING YOUR CRYPTOCURRENCY WALLET.
7.4. NO ADVICE. TRUTH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, REGARDING THE ADVISABILITY OF PURCHASING DIGITAL ASSETS, SECURITIES, FUNDS, COMMODITY INTERESTS, PARTNERSHIP INTERESTS OR OTHER INVESTMENTS OR FUNDING OR PURCHASING LOANS. THE PAST PERFORMANCE OF ANY INVESTMENT, DIGITAL ASSET, LOAN, SECURITY, PARTNERSHIP INTEREST, COMMODITY OR FINANCIAL INSTRUMENT IS NOT A GUIDE TO FUTURE PERFORMANCE. TRUTH DOES NOT OFFER FIDUCIARY SERVICES AND IS NOT YOUR AGENT, ADVISOR OR FIDUCIARY.
7.5. NO OBLIGATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, TRUTH SHALL BE UNDER NO OBLIGATION TO INQUIRE INTO AND SHALL NOT BE LIABLE FOR ANY DAMAGES, OTHER LIABILITIES OR HARM TO ANY PERSON OR ENTITY RELATING TO (A) THE OWNERSHIP, VALIDITY OR GENUINENESS OF ANY DIGITAL ASSET; (B) THE COLLECTABILITY, INSURABILITY, EFFECTIVENESS, MARKETABILITY OR SUITABILITY OF ANY DIGITAL ASSET; OR (C) ANY LOSSES, DELAYS, FAILURES, ERRORS, INTERRUPTIONS OR LOSS OF DATA OCCURRING DIRECTLY OR INDIRECTLY BY REASON OF CIRCUMSTANCES BEYOND TRUTH’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF A NETWORK, OR OF A THIRD-PARTY SERVICE PROVIDER.

8. LIMITATION OF LIABILITY
8.1. DISCLAIMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, GOODWILL, AND PROFITS, PROPERTY DAMAGE OR OTHER TANGIBLE OR INTANGIBLE LOSSES, INCLUDING ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOU OR YOUR INABILITY TO USE THE SERVICES AND INTEGRATED THIRD-PARTY SERVICES, OR LOSS OF DIGITAL ASSETS, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, SECURITY BREACHES, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF THE SERVICES OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF TRUTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, TERMS AND CONDITIONS, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF TRUTH FOR ANY DAMAGES CAUSED BY TRUTH’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.2. CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TRUTH FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRUTH, REGARDLESS OF THE CAUSE OF ACTION.
8.3. EXCLUSION OF DAMAGES. CERTAIN STATES, PROVINCES, COUNTRIES OR OTHER GOVERNMENTAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 8.4. BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRUTH AND YOU.

9. TERM AND TERMINATION
9.1. Term. These Terms and Conditions commence and remain in full force and effect while you use the Services.
9.2. Termination of Services by Truth. Without limiting any other provision of these Terms and Conditions, Truth reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services, including but not limited to blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any of the terms and conditions set forth in these Terms and Conditions or any Applicable Law or regulation. Truth may terminate your use or participation in the Services or delete your account without warning, in its sole discretion.
9.3. Termination of Services by You. If you want to terminate the Services provided by Truth, you may do so by ceasing your use of the Services.
9.4. No Subsequent Use. If your ability to access the Services is discontinued by Truth, then you agree that you shall not attempt to access the Services through use of a different Wallet or otherwise. In the event that you violate the immediately preceding sentence, Truth reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

10. DISPUTE RESOLUTION.
10.1. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Truth agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party sixty (60) days in which to respond to or settle the Dispute. Notice shall be sent (a) to Truth at [email protected], and (b) to you at the email address you have provided.
10.2. Both you and Truth agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

11. ARBITRATION AGREEMENT
PLEASE READ THIS ARBITRATION TERMS AND CONDITIONS CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTE WITH TRUTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRUTH. THIS SECTION 12 IS REFERENCED HERETO AS AN “ARBITRATION AGREEMENT”.
11.1. Applicability of Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree that any Dispute will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Truth may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms and Conditions or any prior version of these Terms and Conditions.
11.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send an email requesting arbitration and describing your dispute or claim or request for relief to us at [email protected]. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
11.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement to be void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Truth. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator cannot act as an amicable composer and will have to decide the dispute according to the rules of law. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under Applicable Law, the arbitral forum’s rules, and these Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Truth.
11.4. W a i v e r o f J u r y T r i a l . Y O U A N D T R U T H H E R E B Y WA I V E A N Y CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Truth are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms and Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
11.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that Applicable Law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts located in Wilmington, Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
11.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11.7. Severability. Except as provided in Section 12.5 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
11.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Truth.

12. MISCELLANEOUS
12.1. Assignment. These Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Truth’s express prior written consent, which may be granted, withheld, conditioned and/or delayed in Truth’s sole and absolute discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void, ab initio. Truth reserves the right to freely assign this Agreement and the rights and obligations of this Agreement to any third-party at any time without notice or consent.
12.2. Change of Control. In the event that Truth is acquired by or merged with a third party entity, Truth reserves the right, in any of these circumstances, to transfer or assign the information Truth has collected from you as part of such merger, acquisition, sale, or other change of control.
12.3. Copyright Infringement. If you believe that any contributions of other users violates your copyright, please submit a notification to [email protected] for instructions on sending Truth a notice of copyright infringement. It is the policy of Truth to terminate the user accounts of repeat infringers.
12.4. Export Control. You may not use, export, import, or transfer the Services except as authorized under the laws of the USA, the laws of the jurisdiction in which you obtained the Services, and any other Applicable Laws.
12.5. Force Majeure. Truth shall not be liable or deemed in breach of these Terms and Conditions if Truth has any delay or failure to perform the Services or any portion of thereof from causes beyond Truth’s control, including, but not limited to, acts of God or public enemy, fires, earthquakes, pandemics, labor disputes, wars, terrorism, riots, embargos, acts of civil or military authorities, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or any local, provincial, federal or international law, governmental order or regulation or any other event.
12.6. Governing Law. All matters relating to the Services and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Subject to the agreement to arbitrate above, any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Services shall be instituted exclusively in the federal courts of the United States District of Delaware, or state the courts of the State of Delaware, County of Kent, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.7. Language. You agree that all communications and notices made or given pursuant to these Terms and Conditions and the Privacy Policy must be in the English language. If Truth provides a translation of the English language version of these Terms and Conditions, the English language version of these Terms and Conditions will prevail if there is any conflict.
12.8. Notice. You may give notice to Truth under these Terms and Conditions by email to [email protected].
12.9. Severability. Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under Applicable Law, but if any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision and shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties.
12.10. Survival. Any sections of these Terms and Conditions which expressly survive termination of these Terms and Conditions, or which, by their nature, should reasonably survive termination of these Terms and Conditions, shall survive termination.
12.11. No Waiver. A delay or failure by either party to exercise any right or partial right shall not be deemed to constitute a waiver of any such right or any other rights hereunder. A consent or waiver by either party to a failure of any express or implied term of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision to any subsequent failure.
12.12. Entire Agreement. These Terms and Conditions, together with any webpages, documents or policies incorporated into these Terms and Conditions by reference, including the Privacy Policy, constitute the entire agreement and understanding between you and Truth relating to the matters contemplated by these Terms and Conditions and supersede any and all prior or contemporaneous written and oral agreements, negotiations, representations, commitments, writings, communications and other understandings (if any) relating to the subject matter of the terms.
12.13. Release. You hereby release Truth and the Truth Parties, and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, security breaches, any interactions with or conduct of Third-Party Services of any kind arising in connection with or as a result of these Terms and Conditions, or other use of the Services.