TruthPoints (TiPs) Terms & Conditions

These General Terms and Conditions (these “Terms”) govern your participation in the Truth in IT loyalty program, referred to as the “Program.” This Program includes, but is not limited to, activities such as (1) registration and attendance at webcasts, (2) participation in surveys and studies, (3) engagement in chat activities during events, (4) entry into random drawings, and (5) any other activities associated with our content or promotions that are eligible for earning points, known as “TruthPoints” or "TiPs." The terms "TruthPoints" and "TiPs" may be used interchangeably in these terms interchangeably below.

All references in these Terms to “Truth in IT” include Truth in IT and its parents (including Ekovox LLC) subsidiaries, and affiliates. References to “us,” “we,” and “our” refer to Truth in IT. Ekovox LLC is the entity which owns Truth in IT.

By registering for, accessing, using, and/or participating in the Program, you hereby agree to comply with and be bound by these Terms.

Truth in IT reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Program, at any time and for any reason.

The TruthPoints loyalty program (the "Program") is intended for personal, non-commercial use only. You may access and participate in the Program when and as available. Participation in the Program is limited to professionals in the Information Technology (IT) space (as determined by the sole discretion of Truth in IT), who are eighteen (18) years of age or older and residing in the United States. Each eligible participant is limited to one (1) account.

Occasionally, our content or promotions might involve activities suitable for minors. Minors may participate only with parental consent and through the parent’s account.

Employees of Truth in IT are not permitted to participate in the Program for personal gain.

Your participation in activities such as webcasts, surveys, videos, whitepapers, and other content-related engagements through the Program is based on your voluntary desire to engage with IT-focused content and provide engagement or feedback. Such participation is voluntary and should be conducted without direction from Truth in IT, with you exercising independent judgment.

The TruthPoints loyalty program (the "Program") is strictly for personal, non-commercial use. You may access and participate in the Program when and as available. Truth in IT reserves the right to modify, eliminate, restrict, or block access to all or any part of the Program, without notice, at any time, and for any reason or no reason.

Participants in the Program, including both members and non-members, are provided the opportunity to engage in various activities, such as webcasts, surveys, videos, and whitepapers. Participation in these activities is voluntary. By registering for the Program, you agree to receive invitations to engage with IT-focused content. The Program may also offer opportunities for participants to communicate with each other and with Truth in IT.

You may unsubscribe from the Program at any time; refer to Section 10 "Opt Out Policy" for details.

Registration for the Program requires you to provide certain personally identifiable information ("PII"). Please refer to Truth in IT’s Privacy Policy for detailed information on our privacy practices.

You may browse our websites as a visitor without registering for the TruthPoints loyalty program (the "Program") or disclosing personal information.

To register as a participant in the Program, you must provide certain personal information. All participants, whether registered or not, are required to provide accurate and complete information. Truth in IT reserves the right to restrict or prohibit your use of, access to, and/or participation in the Program if you provide, or if we reasonably suspect that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Upon registering, a username and password will be created for you though you may reset a new one. If you set a new one, you are solely responsible for the security of your username and password and will be solely liable for any use of your account, whether authorized or unauthorized. We strongly advise against using sensitive information, such as social security numbers or financial account numbers, as your username or password. It is your responsibility to keep any passwords you create as confidential, and you should not disclose it to anyone. Truth in IT will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password, and reward redemption. You may re-authenticate and generate a new password at any time or request assistance by emailing info@truthinit.com

Program participation is specific to the individual who registers; it is not transferable.

You acknowledge that you are accessing, using, and participating in the Program as an independent contractor, and that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this agreement.

You agree not to:

(i) Use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce, distribute, or manipulate data, content, or survey results associated with the Program.

(ii) Interfere with the Program's operation, including, but not limited to, overloading, "flooding," "mail bombing," or "crashing" any related website.

(iii) Send or transmit harmful, disruptive, or destructive files, including viruses and spyware.

(iv) Collect any personally identifiable information of other participants without their express consent.

(v) Send unsolicited emails, particularly for promotions and advertising of products or services not endorsed by Truth in IT.

(vi) Open, use, or maintain more than one membership account within the Program.

(vii) Forge or mask your identity to deceive or mislead.

(viii) Frame portions of our website within another website or alter the appearance of our site.

(ix) Establish unauthorized links to any pages of our websites without prior written permission from Truth in IT.

(x) Post or transmit any material that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, or otherwise unlawful.

(xi) Engage in any fraudulent activities, including but not limited to, manipulating survey results, submitting false information, or redeeming rewards through fraudulent means.

(xii) Reverse engineer any aspect of the Program or its services, disclose source code, or bypass security measures, except as expressly permitted by applicable law.

(xiii) Engage in any illegal activities.

(xiv) Use restricted content in violation of these Terms.

(xv) Encourage or advise any individual to engage in any prohibited acts.

You acknowledge and agree that Truth in IT will cooperate fully with all legal disclosure requests (e.g., court orders or subpoenas).

To protect against unauthorized use, Truth in IT may engage third-party ID verification services. You may be required to verify your identity through these third-party platforms, which are subject to data processing and confidentiality agreements.

In your participation in the TruthPoints loyalty program, you may access confidential and proprietary information, materials, products, and content ("Restricted Content") belonging to Truth in IT and/or our clients, partners, and licensors. Restricted Content remains the sole and exclusive property of its respective owner. You shall not acquire any right, title, or interest in or to any Restricted Content.

You agree to maintain the confidentiality of the Restricted Content and to not modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works from, decompile, or otherwise use, alter, or transfer Restricted Content without prior express written consent from Truth in IT.

You acknowledge that Restricted Content may be protected by intellectual property laws, regulations, and codes. You further agree that any breach or violation of this section's restrictions may result in Truth in IT terminating, prohibiting, or restricting your access to and participation in the Program, in addition to any other rights or remedies available to us.

You are solely responsible and liable for all content, materials, information, and comments that you upload, post, or submit in connection with the TruthPoints loyalty program (the "Program"). This includes securing all necessary third-party approvals, consents, and authorizations for such User Content.

User Content may become publicly available and could be shared with third parties, including clients of Truth in IT, clients of our clients, and third-party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting it and must not contain copyrighted or trademarked material belonging to any third party. User Content should not feature anyone other than the submitting user. No compensation will be provided for any User Content.

By uploading, posting, or submitting User Content in the Program, you grant Truth in IT a perpetual, irrevocable, unlimited, transferrable, sublicensable, worldwide, royalty-free right and license to edit, copy, transmit, publish, display, create derivative works from, reproduce, modify, distribute, and otherwise use your User Content in any manner, without further compensation or notice to you.

While Truth in IT does not review all User Content, we reserve the right to delete, move, or edit User Content at our discretion, particularly if it violates these Terms, infringes upon copyright or trademark laws, or is deemed abusive, defamatory, obscene, or otherwise unacceptable.

A. In connection with your participation in the TruthPoints loyalty program (the "Program"), you may have the opportunity to accumulate rewards, incentives, and entries into prize draws or sweepstakes. Incentives may be in the form of points, referred to as "TruthPoints," or “TiPs,” which have a defined monetary value of $0.01 USD each and can be redeemed accordingly. TruthPoints or TiPs cannot be auctioned, traded, bartered, or sold and are not transferable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.

Detailed information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be provided within these Terms, on the Truth in IT website, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Truth in IT.

The various types of incentives and rewards offered through the Program are intended to encourage engagement with IT-related content and are not compensation for time spent. The allocation of TruthPoints or TiPs or any rewards redeemed by you is not calculated based on the time spent but rather on the completion of and/or engagement with the specified activities.

B. Point Expiration and Inactivity

All TruthPoints (or TiPs) credited to a participant’s account will expire two (2) years from the date of posting unless forfeited or canceled earlier due to membership or account inactivity or as otherwise outlined in these Terms. Accounts in the TruthPoints loyalty program do not function as bank or financial accounts and do not accrue interest.

C. Ownership and Transferability

TruthPoints earned in connection with the Program do not constitute property of the participant, cannot be transferred during the participant's life or upon death, by operation of law or otherwise, and hold no value until redeemed in accordance with these Terms.

D. Correction of Errors

In the event that TruthPoints or any incentive has been erroneously posted to a participant’s account, Truth in IT reserves the right to remove such points or incentives from the account.

E. Fraudulent Activity

If any TruthPoints or incentives have been obtained or posted to a participant's account through fraudulent means, Truth in IT will remove them from the account. Furthermore, the account may be subject to suspension or termination.

F. Redemption

1. Point Deduction: TruthPoints will be deducted from the participant's account at the time the redemption request is submitted.

2. Finality of Redemption: All redemptions are final. Rewards may not be returned for credit except as otherwise specified in these Terms or as agreed in writing by an authorized representative of Truth in IT.

3. Redemption Threshold: The minimum number of TruthPoints required to redeem a reward is 2,500 TruthPoints, equivalent to Fifty United States Dollars ($25). If you do not meet this threshold, you will not have a redemption option under the TruthPoints program, unless a lower redemption threshold is offered. Truth in IT reserves the right to offer reward options with lower minimum redemption thresholds at any time without prior notice or consent.

4. Identity Verification: To ensure the security of the redemption process, Truth in IT may engage third-party ID verification service providers, such as Veriff. You may be required to verify your identity through these third-party platforms to redeem rewards. These service providers are bound by strict data processing and confidentiality agreements.

G. Program Modifications and Termination

Modifications: Truth in IT may modify, alter, delete, or add new terms and conditions to the TruthPoints loyalty program or related services at any time without notice. This includes, but is not limited to, changing point values, redemption levels, conversion ratios, conditions of status, membership, and the conditions for earning incentives or rewards.

Program Cessation: Truth in IT reserves the right to terminate or cease offering any incentive or reward as part of the TruthPoints program at any time without prior notice.

You may not combine your TruthPoints with those belonging to any other participant, including family members or friends.

Truth in IT makes no representations or warranties, express or implied, regarding any product or service received through the TruthPoints program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Truth in IT is not liable for the performance or non-performance of any product or service redeemed through the program. Furthermore, Truth in IT is not responsible for any costs, damages, accidents, delays, injuries, losses, expenses, or inconveniences that may arise in connection with the use of, or defect in, any product or service redeemed with TruthPoints. Truth in IT will not replace any lost, stolen, misplaced, or damaged incentives or rewards.

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY TRUTHPOINTS, TiPs, INCENTIVES, OR REWARDS EARNED THROUGH THE PROGRAM MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PARTICIPANT. Truth in IT may provide you and/or the appropriate government agency or taxing authority with information related to any incentives you earn through the Program. You agree to provide Truth in IT with all necessary information to assist in complying with its reporting or withholding obligations. Truth in IT may withhold any taxes from any incentives or rewards as required by applicable law.

Truth in IT uses reasonable efforts to ensure that TruthPoints are credited and debited accurately; however, participants should regularly review their account to verify that it correctly reflects posted TruthPoints, incentives, or rewards, and includes all appropriate redemption transactions. If you believe that your account has not been credited or debited correctly, or if it reflects incorrect redemption transactions, please send an email to info@truthinit.com. Your email should include your name, email address, and specific details about the issue. Truth in IT will investigate the matter and respond promptly. The decision by Truth in IT will be final and binding.

The suppliers or providers of products or services offered through the TruthPoints loyalty program, as well as the owners or operators of the websites where redemption transactions occur, may have their own terms and conditions. You are advised to review these terms carefully before engaging in redemption activities.

Participation in the TruthPoints loyalty program and any related reward or incentive redemption may require the collection, processing, and disclosure of your personal information. By agreeing to these Terms, you consent to the collection, processing, and disclosure of your personal information for such purposes, all of which will be managed in accordance with the Truth in IT Privacy Policy. Redemption of certain digital rewards may require identity verification by the issuing financial institution, which may involve providing your date of birth, tax identification number, and other relevant information.

If you choose to donate your TruthPoints to one of the charities supported by Truth in IT, we will facilitate the transfer of the designated points to your chosen charity. These donations are not made by or on behalf of Truth in IT, nor will Truth in IT match any donations unless specifically detailed separately. Please be aware that the option to donate may not be available for all activities within the TruthPoints loyalty program. Check the specific redemption options available in your program details.

O. Redemption Limits

Your daily limit for redeeming TruthPoints is restricted to two (2) redemptions per 24-hour period.

P. Tax Compliance Obligations in the United States

Truth in IT has the following obligations:

1. Reporting Requirements: For individuals who receive payments (whether via redemption of TruthPoints or other means) of $600 or more in a tax year, Truth in IT is required to:

• Provide a W-9 tax form to such individuals.

• File a 1099-Misc form with the United States Internal Revenue Service (IRS) for these payments.

• Provide you with a completed 1099-Misc form for your tax compliance.

• If you receive payments totaling $599 during a tax year, your ability to earn additional TruthPoints will be disabled for the remainder of that tax year, preventing further payments or participation in activities within the program until you provide a completed and verified W-9 form.

• If your payments reach $600 or more during a tax year, your ability to earn additional TruthPoints will be disabled indefinitely until you provide a completed and verified W-9 form. Your ability to earn TruthPoints will remain disabled at the beginning of the next tax year until a verified W-9 form is provided.

3. Address Updates: You agree to provide your current address information to Truth in IT and are responsible for notifying us of any changes. Truth in IT is not responsible for misdirected communications due to outdated address information.

For any questions regarding privacy or tax compliance, please contact us at info@truthinit.com.

Participants agree to notify Truth in IT promptly of any changes to the information contained in their member profile. Participants are required to review and update their profiles as necessary, but at least once every six (6) months. A participant may update, correct, or delete information in their profile by:

• Accessing their TruthPoints program account, or

• Sending an email to info@truthinit.com.

Participants may opt out of using the TruthPoints program (including, without limitation, from receiving newsletters or communications) at any time by:

• Following the unsubscribe procedures described on the applicable website(s) or in any email from Truth in IT, or
• Sending an email to info@truthinit.com. Truth in IT will make reasonable efforts to process each opt-out request within a reasonable period of time after receipt. Upon opting out, a participant’s contact information will be removed from any further communication lists. Please allow a few days for the complete removal of contact information from our lists; during this period, the participant may still receive communications that were created or compiled prior to the opt-out request. For information on how Truth in IT handles personal information after an unsubscribe, termination, or opt-out request, please refer to the Truth in IT Privacy Policy.

• During your engagement with the TruthPoints loyalty program, you may voluntarily link or connect to websites maintained and operated by third parties (“Third Party Websites”). Truth in IT does not endorse any Third Party Website nor the products, services, and/or opportunities advertised, offered, and/or sold by or through any Third Party Website (“Third Party Information”). Truth in IT makes no representations or warranties regarding Third Party Websites and/or Third Party Information. Please review all policies and terms applicable to Third Party Websites and Third Party Information carefully.

All communications and User Content submitted or transmitted by you to Truth in IT, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary unless specifically indicated by you either prior to or contemporaneously with the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Truth in IT for any legal reason, excluding personal information which will be handled in accordance with the Truth in IT Privacy Policy.

13. Disclaimer

THE TRUTHPOINTS LOYALTY PROGRAM, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE ON OR THROUGH THE PROGRAM, IS PROVIDED "AS IS". TRUTH IN IT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHERMORE, TRUTH IN IT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TRUTH IN IT DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE PROGRAM OR ANY RELATED CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE PROGRAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUTH IN IT DOES NOT PROVIDE ACCESS TO THE INTERNET AND IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT MAY INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS TO, OR USE OF, THE PROGRAM.

14. Changes to Terms Truth in IT reserves the right, at its sole discretion, to make changes to these Terms. We encourage you to review these Terms regularly. We will obtain your consent for changes where such consent is required by law. For changes that do not require consent, your continued use of, access to, and/or participation in the TruthPoints loyalty program constitutes your acceptance of the amended Terms.

15. Indemnification You agree to indemnify, defend, and hold harmless Truth in IT and its parent, affiliates, subsidiaries, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of, participation in, or access to the TruthPoints loyalty program.

16. Limitations of Liability EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT TRUTH IN IT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TRUTHPOINTS LOYALTY PROGRAM, WHETHER OR NOT TRUTH IN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PROGRAM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

17. Compliance with Applicable Laws You acknowledge and agree that you will comply with all applicable international, national, federal, state, and local laws, codes, regulations, and requirements concerning your use of, participation in, and access to the TruthPoints loyalty program.

18. Suspension; Termination; Deactivation of Accounts Either party may terminate your participation in the TruthPoints program at any time, with or without cause, and without liability for the termination.

In addition to any other remedies available, Truth in IT may, without notice, suspend or terminate your participation in the program if you breach or violate these Terms. If Truth in IT terminates your participation due to your breach or violation of these Terms:

• You will forfeit all rights, title, and interest in and to all unredeemed TruthPoints immediately upon termination;

• Your account will be immediately canceled;

• Your access to, and use of, the program will cease immediately.

If a non-member breaches or violates these Terms, they agree that:

• All rights to any unredeemed rewards or incentives will be forfeited immediately upon termination;

• Their access to, and participation in, the program will cease immediately.

Furthermore, Truth in IT reserves the right to deactivate your account if:

• Your account does not remain active, defined as participating in program activities or updating your profile at least once every six months;

• Truth in IT receives a hard bounce or delivery failure notice for email communications sent to your registered email;

Truth in IT receives a “mailbox full” reply three times for emails sent to your registered email.

In the event of deactivation or termination by either party (except in cases of breach or violation by you), Truth in IT will maintain a record of your posted, unredeemed TruthPoints and, subject to minimum redemption thresholds, allow you to redeem such rewards for a period of thirty (30) days following the effective date of termination or deactivation. Termination or deactivation of your account will not delete or remove any associated applications.

19. Truth in IT Employee Participation

A. Restriction: Employees of Truth in IT and their immediate family members are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the TruthPoints program. For the purposes of this section, "immediate family members" includes parents, spouses, children, or significant others (i.e., girlfriends/boyfriends, domestic partners, and spousal equivalents).

B. Procedures: Employees of Truth in IT may use, access, or participate in the program only after receiving written permission from their respective manager, and solely for the purpose of improving Truth in IT's products and/or services. Employees must always report accurate information in connection with their use, access, or participation in the program. If altered, false, or untrue information or data is to be used, prior consent and approval must be obtained from the Chief Executive Officer of Truth in IT.

C. Improper Conduct: Unless authorized under these Terms or otherwise approved in writing by the Chief Executive Officer of Truth in IT, any violation of the terms of this section by an employee or their immediate family members is a breach of Truth in IT's standards of conduct and may subject the employee to disciplinary action, including, but not limited to, termination of employment.

20. Notices

A. Notice From You to Truth in IT: Except as otherwise set forth herein or as required by applicable laws, all notices to be sent or provided to Truth in IT should:

1. Be correctly addressed to Ekovox LLC, 611 High St. #1301, Dedham, MA 02026, and be sufficiently delivered if:

• By Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or

• By certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in the mail); or

2. Be sent via email to info@truthinit.com.

B. Notice From Truth in IT to You: Except as otherwise required by applicable laws, you agree that Truth in IT may provide notices to you:

1. Via the email address you provided to Truth in IT (in which case notice shall be effective one (1) day following the date the email was sent, provided that Truth in IT did not receive an error message stating that delivery of the email was delayed, that the email address was invalid, or that the email otherwise could not be delivered);

2. By certified mail, return receipt requested, postage prepaid, addressed to the address you provided to Truth in IT (in which case notice shall be effective six (6) days following deposit in the mail); or

3. By posting notices on the applicable website(s). You agree to check the applicable website(s) frequently for notices and to keep your personal information up to date.

C. Legal Notice: All questions regarding these Terms and all legal notices should be sent, in accordance with Section 20.A. of these Terms, to:

Ekovox LLC, 611 High St. #1301, Dedham, MA 02026  |    Email: info@truthinit.com

If any term or provision of these Terms is held or declared to be invalid or unenforceable for any reason by a court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application or interpretation of these Terms. The remaining terms and provisions of these Terms shall continue in full force and effect as if the invalid or unenforceable term or provision was not a part of these Terms.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, use of any product or service provided by Truth in IT, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 22 (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Truth in IT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Truth in IT should be sent to: Ekovox LLC, 611 High St. #1301, Dedham, MA 02026, USA; ATTN: Arbitration Notice. After the Notice is received, you and Truth in IT may attempt to resolve the claim or dispute informally. If you and Truth in IT do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the JAMS Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Truth in IT pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Truth in IT, and the dispute 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 (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). 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 JAMS Rules, and these Terms. 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 in IT.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Truth in IT in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRUTH IN IT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Truth in IT.

Notwithstanding the foregoing, either you or Truth in IT may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Dedham, Massachusetts, USA, for such purpose.

23. Governing Laws; Jurisdiction and Venue These Terms and your access to, use of, or participation in the TruthPoints loyalty program shall be governed by and construed in accordance with the laws of the state of Massachusetts, USA, without regard to any choice of law principles (whether those of Massachusetts or any other jurisdiction) that might provide for the application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the TruthPoints loyalty program shall be subject to the exclusive jurisdiction of the state or federal courts located in Dedham, Massachusetts, USA.

24. Miscellaneous Terms The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms. Truth in IT’s failure to enforce any breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent Truth in IT from enforcing any subsequent breach by you of these Terms. These Terms, along with any rules, terms, or policies referenced or incorporated herein, and any program-specific requirements, represent the entire understanding and agreement between Truth in IT and you with respect to the subject matter hereof.