Terms of Use Agreement

This TERMS OF USE AGREEMENT (this “Agreement”) is between you and True Underdog (“True Underdog”). By accessing the True Underdog website, currently located at www.TrueUnderdog.com (the “Website”), and using the Website, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Website.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE. 

This Agreement is subject to change by True Underdog in its sole discretion at any time, with or without notice.  Your continued use of this Website after the posting of revisions to this Agreement will constitute your acceptance of such revisions.

Use of the Website

All content on the Website, including, but not limited to, the text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks and other material (collectively, the “Content”), is protected by copyright, trademark, and other laws in both the United States and elsewhere.  The Content includes both content owned or controlled by True Underdog and content owned or controlled by third parties and licensed to True Underdog. Unless as explicitly indicated on the Website, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the express prior written permission of True Underdog.

As a condition of your use of the True Underdog Website, you warrant to True Underdog that you will not use the True Underdog Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices or applicable law. You may not use the True Underdog Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

User Information

  • Privacy Statement.  For information about the collection and possible use of information and material provided by you, please click on True Underdog Privacy Policy located on the Website.  By using the Website, you are consenting to the terms of True Underdog’s Privacy Policy.

  • Disclosure By Law.  You acknowledge and agree that True Underdog may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable necessary to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend True Underdog’s or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

Propriety Information

The Content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. True Underdog owns and retains all such proprietary rights in the Content and the Website. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.  Further, you do not acquire any ownership rights to any Content, document or other materials viewed, accessed and/or created through the Website. 

Links to Third Party Websites

The Website may contain links to websites of third parties which are not under the control of True Underdog. As such, True Underdog is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. True Underdog provides these links to you only as a convenience, and the inclusion of any link does not imply that True Underdog endorses or accepts any responsibility for the content on such third party websites.

Disclaimer of Warranty

  • THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  TRUE UNDERDOG PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRUE UNDERDOG DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. TRUE UNDERDOG DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE.

  • TRUE UNDERDOG DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL TRUE UNDERDOG BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS. ADVICE RECEIVED VIA THE TRUE UNDERDOG WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. 

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event will True Underdog be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profits, arising from OR RELATING TO your use of the Website, even if True Underdog has been advised of the possibility of such damages. 

Indemnification

You agree to indemnify, defend and hold harmless True Underdog, its parent company, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and costs) relating to or arising out of (a) your use of or inability to use the Website, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. True Underdog 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 True Underdog in asserting any available defenses and/or claims.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify True Underdog’s copyright agent, as set forth in the Digital Millennium Copyright Act (DMCA).  For your complaint to be valid under the DMCA, you must provide the following information in writing:

(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Website; (iv) Information reasonably sufficient to permit True Underdog to contact you, such as your address, telephone number, and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

True Underdog

Attn: DMCA Agent

919 N. Main Street

Mooresville, NC 28115

info@trueunderdog.com

Jurisdiction and Choice of Law

You agree that North Carolina law (without giving effect to its conflicts of law principles) will govern this Agreement and the Website and that any dispute arising out of or relating to this Agreement and/or the Website will be subject to the exclusive jurisdiction and venue of the federal and state courts in the county of Iredell County, North Carolina. 

Entire Agreement

This Agreement (together with the Privacy Policy) contains the entire agreement between you and True Underdog regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Last Revision Date:  April 27, 2021