Terms of Service
TruLife Books LLC
Terms of Use and Crowdfunding Publishing Terms
Effective Date: July 12, 2026
Last Updated: July 12, 2026
TruLife Books LLC (“TruLife Books,” “TruLife,” “we,” “us,” or “our”) operates a reader-supported publishing and book crowdfunding platform through mycrowdpublisher.com, related websites, campaign pages, applications, email communications, social media accounts, and associated services collectively referred to as the “Platform.”
The Platform allows authors of original written works (“Authors”) to present proposed books and accept preorders from readers and other supporters (“Supporters”). TruLife Books also provides independent publishing services for qualifying campaigns and, for campaigns reaching higher sales levels, outreach to appropriate traditional publishers.
These Terms of Use and Crowdfunding Publishing Terms (“Terms”) govern your access to and use of the Platform, including your participation as an Author, Supporter, publisher, service provider, or other user.
Important Publishing Commitments
Subject to these Terms and the applicable Author Campaign Agreement:
100-Copy Independent Publishing Guarantee
When an approved campaign sells at least 100 Qualifying Copies, TruLife Books guarantees that it will independently publish the book through TruLife Books or an affiliated or designated publishing imprint.
This guarantee is subject to the Author:
- Owning or controlling the necessary publishing rights;
- Delivering a complete and reasonably publishable manuscript;
- Meeting the requirements of the Author Campaign Agreement;
- Cooperating with the editing, design, production, approval, and publication process;
- Providing required permissions, releases, images, files, and information;
- Refraining from fraud, manipulation, infringement, or material breach of these Terms; and
- Signing all publishing documents required before the campaign is launched.
Once an approved campaign reaches 100 Qualifying Copies, TruLife Books will not withdraw the publishing guarantee solely because it later questions the commercial potential of the book.
500-Copy Traditional Publisher Outreach Commitment
When an approved campaign sells at least 500 Qualifying Copies, TruLife Books will make good-faith, commercially reasonable efforts to solicit appropriate traditional publishers and publishing imprints on the Author’s behalf.
Reaching 500 copies does not guarantee:
- That a traditional publisher will request the manuscript;
- That a traditional publisher will make an offer;
- That an Author will receive an advance;
- That an Author will receive any particular royalty;
- That a traditional publisher will accept the book;
- That a bookstore or retailer will carry the book; or
- That the Author and a traditional publisher will successfully negotiate an agreement.
The commitment is a guarantee of qualified outreach and solicitation—not a guarantee of a traditional publishing contract.
Authors reaching 500 Qualifying Copies continue to receive the 100-copy independent publishing guarantee. If no acceptable traditional publishing agreement results from the outreach process, TruLife Books will proceed with independent publication in accordance with the applicable Author Campaign Agreement.
1. Definitions
For purposes of these Terms:
“Author”
An individual or entity submitting a manuscript, book proposal, publishing campaign, or related materials to TruLife Books.
“Author Campaign Agreement”
The separate agreement between TruLife Books and an Author describing campaign-specific terms, publishing rights, royalties, fees, services, deadlines, responsibilities, and other requirements.
“Campaign”
A book crowdfunding or preorder campaign approved and hosted on the Platform.
“Campaign Deadline”
The date and time on which the Campaign is scheduled to end, including any properly disclosed extension.
“Campaign Materials”
The manuscript, proposal, description, cover concepts, photographs, videos, biographies, endorsements, sample chapters, promotional materials, and other content submitted in connection with a Campaign.
“Content”
Text, graphics, artwork, photographs, videos, audio, software, data, reviews, comments, Campaign Materials, User Submissions, and other materials displayed, uploaded, submitted, transmitted, or distributed through the Platform.
“Gross Campaign Revenue”
The total amount collected from Campaign purchases, preorders, packages, and Campaign-related add-ons, excluding separately stated sales taxes and, unless otherwise provided in the Author Campaign Agreement, separately stated shipping charges.
“Independent Publishing Threshold”
The sale of at least 100 Qualifying Copies during the Campaign Period.
“Platform”
The TruLife Books website, Campaign pages, software, payment tools, communications, services, features, and associated systems.
“Qualifying Copy”
A copy of a book that:
- Was purchased through the approved Campaign;
- Has been fully paid for;
- Has cleared the applicable payment processor;
- Has not been refunded, canceled, reversed, disputed, or charged back;
- Was not purchased using fraudulent or unauthorized payment information; and
- Was not part of an artificial, deceptive, circular, or sham transaction intended primarily to manufacture achievement of a Campaign threshold.
Each paid copy in a legitimate multi-copy order may count as one Qualifying Copy unless the Campaign page states otherwise.
Taxes, shipping charges, donations without a book purchase, complimentary copies, promotional copies, and unpaid pledges do not count as Qualifying Copies.
“Supporter”
A reader, customer, organization, retailer, or other person purchasing or preordering a book or Campaign package through the Platform.
“Traditional Publisher Outreach Threshold”
The sale of at least 500 Qualifying Copies during the Campaign Period.
“User Submission”
Content submitted, uploaded, posted, transmitted, or otherwise provided by a Platform user.
2. Acceptance of Terms
By visiting the Platform, creating an account, submitting Content, launching or supporting a Campaign, purchasing a preorder, or otherwise using the Platform, you agree to these Terms and the TruLife Books Privacy Policy.
Authors also agree to the applicable Author Campaign Agreement. If an Author Campaign Agreement conflicts with these Terms regarding Campaign-specific publishing rights, royalties, fees, deadlines, or services, the Author Campaign Agreement will control for that Campaign.
Campaign pages may also contain specific terms concerning prices, rewards, estimated delivery dates, shipping charges, Campaign deadlines, and publication schedules. Those disclosed Campaign terms are incorporated into these Terms.
Do not use the Platform if you do not agree to these Terms.
We may update these Terms from time to time. Material changes will apply prospectively unless otherwise required by law. Continued use of the Platform after updated Terms become effective constitutes acceptance of those updated Terms.
3. Eligibility and Registration
You must be at least 18 years old and legally capable of entering into a binding agreement to create an Author account, submit a Campaign, or make purchases through the Platform.
A minor may participate only through a parent or legal guardian who agrees to these Terms and assumes responsibility for the minor’s participation.
When registering, you agree to provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials;
- All activity conducted through your account;
- Updating your account information;
- Preventing unauthorized access; and
- Promptly notifying TruLife Books of any suspected security breach.
You may not impersonate another person, create an account using unauthorized information, or use another person’s account without permission.
TruLife Books may reject, suspend, restrict, or terminate an account that contains false information, violates these Terms, creates a security risk, or is used for unlawful or deceptive activity.
4. Campaign Review and Approval
Submission of a book or Campaign proposal does not guarantee acceptance.
TruLife Books may evaluate proposed Campaigns based on factors including:
- Manuscript quality and completeness;
- Subject matter;
- Market potential;
- Author readiness;
- Rights ownership;
- Production requirements;
- Estimated publishing costs;
- Campaign feasibility;
- Legal or reputational risks;
- Compatibility with TruLife Books’ publishing standards; and
- Available publishing resources.
TruLife Books may accept, reject, request revisions to, or decline to launch a proposed Campaign in its reasonable discretion.
Campaign approval occurs before public launch. Once a Campaign is approved and launched, the Independent Publishing Guarantee applies if the Campaign reaches 100 Qualifying Copies and the Author satisfies these Terms and the Author Campaign Agreement.
TruLife Books may establish manuscript length, formatting, illustration, image, editing, or production limitations before Campaign launch. Any unusual production costs or special requirements should be disclosed in the Author Campaign Agreement before the Campaign begins.
Legacy or specially approved Campaigns may have a different publishing threshold if that threshold is expressly stated on the Campaign page and in the Author Campaign Agreement.
5. The 100-Copy Independent Publishing Guarantee
When an approved Campaign reaches at least 100 Qualifying Copies by the Campaign Deadline, TruLife Books will independently publish the book.
Unless the Author Campaign Agreement provides otherwise, the independent publishing process will include the essential services reasonably necessary to commercially release the approved book, which may include:
- Editorial review and manuscript preparation;
- Copyediting or proofreading appropriate to the agreed publishing package;
- Professional cover design;
- Interior formatting and typesetting;
- ISBN assignment;
- Book metadata preparation;
- Print-ready file preparation;
- Print-on-demand or short-run printing setup;
- Ebook preparation when included in the Campaign;
- Distribution setup through selected wholesale or retail distribution channels;
- Fulfillment of qualifying Campaign preorders; and
- Publication under TruLife Books or another designated imprint.
The exact services, formats, royalty structure, publication rights, author copies, editing level, design process, and distribution arrangements will be described in the Author Campaign Agreement.
The guarantee does not include services not identified in the Author Campaign Agreement, such as extensive developmental rewriting, custom illustration, indexing, specialized permissions research, audiobook production, translation, large offset print runs, paid advertising, public relations campaigns, or copyright registration, unless expressly included.
Author Cooperation
The Independent Publishing Guarantee depends on the Author’s reasonable and timely cooperation.
TruLife Books may suspend production if the Author:
- Fails to deliver the complete manuscript;
- Refuses to approve or respond to reasonable editorial or design requests;
- Does not provide required permissions or releases;
- Provides materially false information;
- Does not own the necessary rights;
- Demands production work materially outside the agreed scope;
- Abandons the project;
- Violates these Terms; or
- Materially breaches the Author Campaign Agreement.
If an Author fails to cure a material breach after receiving reasonable written notice, TruLife Books may cancel publication and take appropriate steps concerning Supporter orders, including issuing refunds where required.
Meaning of the Guarantee
The Independent Publishing Guarantee means TruLife Books will perform the publishing obligations identified in the Author Campaign Agreement after the Campaign validly reaches 100 Qualifying Copies.
It does not guarantee:
- A particular number of future book sales;
- Profitability;
- Positive reviews;
- Awards;
- Media coverage;
- Bookstore shelf placement;
- Acceptance by a retailer or distributor;
- A particular sales ranking;
- A particular amount of Author royalties; or
- A traditional publishing contract.
6. The 500-Copy Traditional Publisher Outreach Commitment
When an approved Campaign reaches at least 500 Qualifying Copies, TruLife Books will undertake a good-faith traditional publisher outreach effort on behalf of the Author.
The outreach process may include:
- Reviewing the manuscript or book proposal for submission readiness;
- Preparing or refining a publisher-facing presentation;
- Presenting verified Campaign sales results;
- Preparing an Author biography and market summary;
- Presenting audience, preorder, engagement, and promotional information;
- Identifying traditional publishers or imprints that may be appropriate;
- Submitting the book or proposal to a commercially reasonable selection of potential publishers;
- Responding to reasonable publisher inquiries; and
- Communicating publisher interest to the Author.
The Author authorizes TruLife Books to use relevant Campaign information, sales figures, manuscript samples, promotional materials, and Author information for these purposes.
No Guaranteed Traditional Publishing Offer
Traditional publishers are independent third parties. TruLife Books does not control their acquisition decisions, editorial requirements, contract terms, advances, royalties, publication schedules, marketing plans, or distribution decisions.
TruLife Books therefore does not guarantee that publisher outreach will result in an offer or contract.
No Authority to Bind the Author
Unless expressly authorized in a separate written agreement, TruLife Books may introduce, present, communicate with, and solicit publishers but may not accept a publishing offer or sign a traditional publishing agreement on the Author’s behalf.
The Author retains the right to accept or reject any proposed traditional publishing agreement.
Any commission, referral fee, representation fee, rights participation, or compensation connected with a traditional publishing transaction must be disclosed in a separate written agreement before it becomes binding.
TruLife Books does not represent that it is acting as a literary agency unless a separate written representation agreement expressly states otherwise.
Outreach Period and Independent Publication
TruLife Books and the Author may agree in writing to temporarily pause independent publication for a defined publisher outreach period.
If no acceptable traditional publishing agreement results by the end of that period, the Independent Publishing Guarantee remains in effect and TruLife Books will proceed with independent publication.
Reaching 500 copies does not cancel or replace the Author’s right to independent publication after reaching the 100-copy threshold.
7. Author Obligations and Representations
By submitting a Campaign, the Author represents and warrants that:
- The Author owns or controls all rights necessary to submit, promote, publish, distribute, and sell the book and Campaign Materials;
- The manuscript and Campaign Materials do not infringe copyrights, trademarks, privacy rights, publicity rights, contractual rights, or other rights of any third party;
- The Author has obtained all necessary permissions, licenses, releases, and consents;
- The manuscript is not subject to an undisclosed exclusive publishing agreement, option, lien, claim, or restriction;
- Information provided about the Author, book, Campaign, endorsements, sales, awards, credentials, and publication history is accurate;
- The Content is not defamatory, fraudulent, unlawful, threatening, abusive, obscene, or intentionally misleading;
- The Author will not manipulate Campaign sales or encourage fraudulent purchases;
- The Author will reasonably participate in promoting the Campaign;
- The Author will promptly provide materials necessary for publication and fulfillment; and
- The Author will comply with applicable laws and these Terms.
The Author is responsible for verifying quotations, facts, names, dates, references, medical statements, legal statements, financial statements, and other factual assertions appearing in the manuscript.
TruLife Books may request documentation supporting the Author’s ownership or right to use submitted Content.
8. Supporter Preorders and Purchases
A Campaign preorder is a purchase of a book or Campaign package intended for future delivery. It is not:
- An investment;
- A security;
- An ownership interest in TruLife Books;
- An ownership interest in the Author’s copyright;
- A loan;
- A promise of financial return; or
- A charitable contribution unless specifically identified and legally administered as such.
Supporters should review the Campaign description, estimated publication date, shipping terms, refund terms, and included items before ordering.
By placing an order, a Supporter authorizes TruLife Books and its payment providers to process the applicable charges, taxes, and shipping fees.
Supporters agree to provide accurate contact, payment, and delivery information and to update shipping information when requested.
TruLife Books may communicate Supporter information to the Author, printer, fulfillment provider, shipping carrier, payment processor, or other service provider only as reasonably necessary to administer the Campaign, publish the book, fulfill orders, prevent fraud, or comply with law.
9. Campaigns That Do Not Reach 100 Copies
Unless a Campaign page expressly states different approved terms, a Campaign that does not reach 100 Qualifying Copies by the Campaign Deadline will not qualify for the Independent Publishing Guarantee.
For an unsuccessful Campaign, TruLife Books will ordinarily:
- Cancel uncaptured payment authorizations; or
- Refund collected Campaign payments to Supporters.
The applicable payment process will be disclosed on the Campaign page or during checkout.
TruLife Books may extend a Campaign Deadline when reasonably appropriate. Material extensions will be communicated to affected Supporters. Supporters may be given the opportunity to cancel their orders when required by applicable law or the disclosed Campaign terms.
TruLife Books and the Author may separately agree to publish an unsuccessful Campaign through another publishing arrangement, but Supporter orders may not be transferred to materially different terms without appropriate notice and any consent required by law.
10. Fees, Payments, and Campaign Proceeds
Unless a different amount is stated in the Author Campaign Agreement, TruLife Books’ standard Platform and publishing service fee is 30% of Gross Campaign Revenue.
The service fee compensates TruLife Books for services that may include:
- Platform operation;
- Campaign administration;
- Payment administration;
- Author support;
- Publishing project management;
- Editorial coordination;
- Design and production coordination;
- Campaign marketing tools;
- Publisher outreach;
- Customer service; and
- Related publishing services.
Payment processing fees, refunds, chargebacks, taxes, printing expenses, shipping expenses, fulfillment costs, retailer fees, distributor fees, and other Campaign expenses will be handled as described in the Author Campaign Agreement and Campaign page.
TruLife Books may deduct authorized fees, refunds, chargebacks, taxes, and expenses before distributing or applying Campaign proceeds.
There may be a delay between the Campaign Deadline and the availability of Campaign funds because of payment processing, fraud review, settlement periods, chargebacks, or other administrative requirements.
Authors may not rely on or spend anticipated Campaign proceeds until TruLife Books confirms that the applicable funds have cleared and are available.
Authors are responsible for taxes associated with payments or income they receive. TruLife Books may issue tax forms when required by law.
11. Refunds, Cancellations, and Chargebacks
Refund eligibility will be governed by these Terms, the Campaign page, the applicable refund policy, and applicable law.
TruLife Books may issue a refund when:
- A Campaign does not reach its required threshold;
- The Campaign is canceled;
- The book cannot reasonably be published;
- The Author materially breaches the Author Campaign Agreement;
- Required rights or permissions cannot be verified;
- Fraud or unauthorized payment activity occurs;
- Fulfillment becomes impossible;
- A duplicate charge occurs; or
- A refund is otherwise required by law.
After a book has entered production or an order has shipped, refunds may be limited except for defective, damaged, incorrect, or undelivered items or as otherwise required by law.
Authors are responsible for Campaign losses resulting from their breach, infringement, fraud, abandonment, or material misrepresentation.
Refunds and chargebacks reduce the number of Qualifying Copies. If refunds or chargebacks reduce a Campaign below a threshold before publication obligations materially begin, TruLife Books may reassess whether the threshold was validly reached.
TruLife Books may disregard isolated post-Campaign refunds that do not indicate manipulation and that occur after TruLife Books has materially begun performing the guaranteed publishing services.
12. Publication and Delivery Estimates
Publication and delivery dates are estimates unless expressly identified as guaranteed in writing.
Publishing schedules may be affected by:
- Author revisions;
- Editing requirements;
- Design approvals;
- Illustration or image preparation;
- Rights clearance;
- Proof corrections;
- Printer availability;
- Supply-chain conditions;
- Distributor processing;
- Payment disputes;
- Shipping delays;
- Publisher outreach;
- Traditional publishing negotiations; or
- Events outside the reasonable control of TruLife Books.
TruLife Books will make commercially reasonable efforts to communicate material delays.
When applicable law requires consent to a delayed delivery schedule or requires a refund option, TruLife Books will provide the required notice and options.
13. Rights in Author Materials
Authors retain ownership of their copyrights except for rights expressly granted in the Author Campaign Agreement or another written agreement.
By submitting Campaign Materials, the Author grants TruLife Books a worldwide, non-exclusive, royalty-free license during the Campaign and publishing process to:
- Host and display the Campaign;
- Reproduce Campaign Materials;
- Edit Campaign descriptions for formatting, grammar, length, or clarity;
- Promote the Campaign and book;
- Use the Author’s approved name, biography, photograph, likeness, book title, cover, excerpts, video, and related materials;
- Communicate with Supporters and potential publishers;
- Prepare publisher submissions;
- Operate and market the Platform; and
- Perform the services described in these Terms.
This promotional license continues after the Campaign to the extent reasonably necessary to maintain historical Campaign pages, document TruLife Books’ portfolio, promote the published book, fulfill orders, and comply with legal obligations.
Any exclusive or continuing publishing rights will be governed by the Author Campaign Agreement and not solely by these Terms.
The Author represents that granting these rights does not violate another agreement or third-party right.
14. Platform Content and Acceptable Use
The Platform and its original design, software, branding, layout, graphics, text, functionality, logos, and other proprietary materials are owned by or licensed to TruLife Books and are protected by applicable intellectual property laws.
You may use the Platform only for lawful purposes.
You may not:
- Copy, reproduce, distribute, or commercially exploit Platform Content without authorization;
- Scrape, harvest, crawl, or extract Platform data through automated means without permission;
- Circumvent security or access controls;
- Introduce malware, viruses, malicious code, or disruptive technology;
- Interfere with another user’s account or Campaign;
- Collect personal information without authorization;
- Use the Platform to send spam or unauthorized solicitations;
- Impersonate another person or organization;
- Post knowingly false or deceptive information;
- Manipulate sales or Campaign statistics;
- Violate intellectual property rights;
- Use the Platform for unlawful, abusive, or fraudulent activity; or
- Attempt to gain unauthorized access to nonpublic systems or information.
TruLife Books may remove Content or restrict access when it reasonably believes the Content violates these Terms, infringes third-party rights, creates legal exposure, threatens security, or harms users or the Platform.
15. Traditional Publishers and Other Third Parties
Traditional publishers, distributors, printers, retailers, payment processors, shipping carriers, editors, designers, and other providers are independent third parties.
TruLife Books is not responsible for acts or omissions of third parties beyond the extent required by applicable law or an express written agreement.
A traditional publisher’s interest, request for information, or review of a submission does not constitute an offer or commitment to publish.
Any agreement between an Author and a traditional publisher will be governed by the terms of that separate agreement.
The Platform may contain links to third-party websites. TruLife Books does not control and is not responsible for third-party websites, privacy practices, content, products, or services.
16. Account Suspension and Termination
TruLife Books may suspend or terminate an account or Campaign for:
- Material violation of these Terms;
- Failure to pay amounts due;
- Fraud or suspected fraud;
- Infringement claims;
- Unauthorized use of Content;
- Harassment or abusive conduct;
- Security threats;
- False or misleading Campaign information;
- Manipulation of Campaign sales;
- Failure to cooperate with publication;
- Unlawful activity; or
- Material breach of an Author Campaign Agreement.
When reasonably practical, TruLife Books will provide an Author notice and an opportunity to cure a remediable breach.
TruLife Books may act immediately when necessary to protect Supporters, comply with law, prevent fraud, preserve security, or avoid infringement or other substantial harm.
Termination does not eliminate obligations that arose before termination, including payment, confidentiality, licensing, fulfillment, indemnification, dispute resolution, and intellectual property obligations.
17. Copyright Complaints and DMCA Procedure
TruLife Books respects intellectual property rights and may remove or disable access to Content that is properly alleged to infringe copyright.
A copyright owner or authorized representative may submit a notice containing:
- A physical or electronic signature;
- Identification of the copyrighted work claimed to have been infringed;
- Identification and location of the allegedly infringing material;
- Contact information for the complaining party;
- A statement of good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury
17. Warranty Disclaimer
THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND/OR CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRULIFE BOOKS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CONTENT, SERVICE AND YOUR USE THEREOF. TRULIFE BOOKS LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR CONTENT OR THAT OF ANY LINKED SITES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR CONTENT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR CONTENT BY ANY THIRD PARTY, (V) THAT THE SERVICE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TRULIFE BOOKS LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRULIFE BOOKS LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first registered as a user of the Service, and no warranties shall apply after such period.
18. Limitation of Liability
IN NO EVENT SHALL TRULIFE BOOKS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR CONTENT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SERVICE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TRULIFE BOOKS LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, INVASIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by TruLife Books LLC from its facilities in the United States of America. TruLife Books LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TruLife Books LLC, its affiliate and parent corporation(s), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service or Content; (ii) your violation of any term of these Terms including all incorporated provisions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation survives these Terms and your use of the Service.
20. Ability to Accept Terms
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are a legal entity, you affirm that you are an authorized representative of the entity. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
21. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, by operation of law or otherwise, without our prior written consent, but may be transferred or assigned by TruLife Books LLC without restriction or notice.
22. General
You agree that (i) the Service shall be deemed solely based in Connecticut, and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over TruLife Books LLC, either specific or general, in jurisdictions other than Connecticut. These Terms shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then, unless another location is expressly specified in these Terms, you and TruLife Books LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Connecticut for the purpose of litigating any dispute. These Terms, together with incorporated documents (including the Community Guidelines and Privacy Policy) and any other legal notices published by TruLife Books LLC on the Service, shall constitute the entire agreement between you and TruLife Books LLC concerning the Service and Content. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TruLife Books LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. TruLife Books LLC reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
YOU AND TRULIFE BOOKS LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
23. Ownership and Intellectual Property Notice
The TruLife Books LLC Site and Service are owned and operated by TruLife Books LLC. All of the TruLife Books LLC Site, Service and Content, including the system of organization and presentation of Content, are the property of or legally licensed by TruLife Books LLC, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright, trademark, moral rights and/or other similar laws. The Content and the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to TruLife Books LLC, subject to copyright and other intellectual property rights under the law.
24. Consent to Use Data
We may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, for software updates, product support and other services related to the Service, and we may anonymously track and report your activity in using the Service, including for analytics purposes. Please refer to our Privacy Policy for more information.
25. Dispute Resolution and Arbitration
In the interest of resolving any disputes between you and TruLife Books LLC quickly and affordably, you and we agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is a more informal process than a lawsuit in court, and uses a neutral arbitrator rather than a judge or jury. Arbitration may allow for more limited discovery than a lawsuit in court, and decisions may be subject to very limited review by courts. Arbitrators can award the same monetary damages and other relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
a. Exceptions. Despite the provisions of the foregoing paragraph, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
b. Arbitrator. Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TruLife Books LLC.
c. Notice and Procedures. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). TruLife Books LLC’s address is: TruLife Books LLC, 49 Putnam Blvd, Suite 1172, Glastonbury, CT 06033. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or by us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, TruLife Books LLC will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by TruLife Books LLC in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
d. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Hartford County, Connecticut, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TruLife Books LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
e. No Class Action. YOU AND TRULIFE BOOKS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modification. If TruLife Books LLC makes any future change to this arbitration provision (other than a change of address for Notice), you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
g. Enforceability. If Section 18(e) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
26. Notice to California Residents
If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
27. Compliance Notice
Pursuant to 18 U.S.C. § 2257, TruLife Books LLC provides notice that all photos, images, graphics, videos, and other visual media displayed on the Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256(2)(A)-(E), but are only, at most, depictions of non-sexually explicit nudity or simulated sexual conduct, or are otherwise exempt because they were created prior to July 3, 1995. TruLife Books LLC is not the primary producer of the visual content contained in the Service.
28. Acknowledgement
IN ACCEPTING THESE TERMS, EACH USER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into another language and there is any discrepancy between the English version and the translated version, the English version will control.
