Terms

effective date: June 26, 2023

 

These terms are a legal agreement between True and Pure LLC on behalf of itself and its subsidiaries and affiliates and you and, if applicable, the entity or person on whose behalf you are entering into these terms.

 

We kindly request that you carefully read and review these terms (“Terms”) before proceeding. By clicking the box and/or using our website, trueandpure.com (“Website”), you indicate your acceptance and agreement to be legally bound by these Terms. If you do not agree to these Terms, we ask that you refrain from clicking the box, accessing the website, or placing an order.

 

We recommend that you print or otherwise download and save a copy of these terms for your records, as well as any future versions of them, as we may update them from time to time. you can download a printable copy of these terms here.

for shipments to the uk and eu, please refer to these terms of sale, as these shipments are supported by passport shipping.

 

Does this term of sale link need to be here?

IMPORTANT NOTE

We kindly request that you carefully review the following sections: “Right to Cancel; No Returns; Refunds,” “Price and Payment,” “Arbitration,” “Exclusions and Limitations of Liability,” “Indemnification,” and “Disclaimers.” These provisions outline important information regarding cancellation, returns, refunds, pricing, payment, dispute resolution through arbitration, limitations of liability, indemnification, and disclaimers. It is essential to understand that these provisions may impact your rights, including the absence of a right to a jury trial in certain cases. If you are a resident of California, please refer to the “Additional Disclosures for California Residents” section of our Privacy Policy for further information regarding your rights under the California Consumer Privacy Act (“CCPA”).

 

If, for any reason, you do not agree with or wish to be bound by these terms, it is important that you refrain from accessing or using our website. Your decision to not proceed with accessing or using the website signifies your choice to not be bound by these terms.

 

I need to get the attatched documents for the California residents.

1. OUR DETAILS

true and pure, llc operates the website and sells goods and services.

true and pure, llc is a INSERT Registered location of limited liability company.

our address is INSERT address.

our contact email address is support@trueandpure..

 

2. Your Responsibility for Others Who Access Our Website Using Your Device

It is your responsibility to ensure that any individuals who access our website on your computer(s) or device(s), or those who are permitted or able to access our website on your computer(s) or device(s), are fully aware of these terms and all other related documentation referenced within them. You must ensure that such individuals also agree to be bound by and comply with these terms. If, for any reason, these individuals do not agree to these terms or do not wish to be bound by them, they must refrain from accessing or using our website, and you must not permit them to do so.

3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE

In addition to these terms, your use of our website is also governed by the following documents:

  • Our Privacy Policy, available at trueandpure.com/privacy-policy. By using this website or providing any information through it, including through the use of interactive features and account registration, you acknowledge that our Privacy Policy governs the collection, use, and processing of your information. It outlines the types of information we collect, the reasons for collection, how we use the information, circumstances in which it may be shared with third parties, and other relevant information pertaining to your information and your rights.
  • Our Cookies Policy, available at trueandpure.com/cookie-policy. Our Cookies Policy governs the use of cookies and similar technologies on our website. It outlines the types of cookies we use, their purposes, when and why we place cookies on your computer, device, or browser, and provides other relevant information related to cookies, including how to adjust your browser preferences and settings to accept or reject cookies.

 

4. CHANGES TO THESE TERMS

We reserve the right to update these terms at any time in our sole discretion. All changes become effective immediately upon posting and apply to all subsequent access and use of the website, as well as any purchases made thereafter.

 

By continuing to use the website or making a purchase after we post a revised version of these terms, you are acknowledging and agreeing to be governed by the revised terms. To determine if these terms have been revised since your last visit, please refer to the effective date stated at the top of these terms.

 

It is your responsibility to review these terms each time you access our website to ensure that you are aware of the current terms applicable to you.

 

5. YOUR ACCOUNT DETAILS

Certain functionalities and features of the website may require you to register for a user account (“Account”) with us. If you choose to register an Account, you will need to provide us with certain information to create and access your Account. You agree to provide accurate, complete, and current information about yourself during the account registration process and at all other times, including when you place an order. You also agree to update any information provided to us or requested by us promptly if it changes before making any product purchases. It is your responsibility to keep your login information confidential and not authorize any third party to use your Account. You agree not to solicit, collect, or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or use a false name or unauthorized name. Creating an Account for anyone other than yourself is strictly prohibited. We will not be liable for any loss or damage resulting from the unauthorized use of your Account, whether or not you were aware of it. You are fully responsible for safeguarding your information and preventing any unauthorized access or use of your Account. All use of your Account will be attributed to you. If you suspect any unauthorized use of your Account or any breach of security, please notify us immediately at customerservice@trueandpure.com. You may not sell or transfer your Account, and we reserve the right to cancel or suspend your registration at any time for any reason or no reason, as determined in our sole discretion.

 

6. OWNERSHIP OF MATERIAL ON OUR WEBSITE

All trademarks, service marks, trade names, logos, copyrights, and other intellectual property rights in our website, its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights. Any use of the website and its contents, other than as expressly authorized, is strictly prohibited. All rights not expressly granted in these terms are reserved by us.

 

Third-party trademarks, service marks, trade names, logos, and other branding displayed on our website (“Third Party Marks”) may be owned by their respective owners who may or may not endorse, be affiliated with, or connected to us. Except as expressly provided in these terms or in terms provided by the owner of a Third-Party Mark, nothing in these terms or on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any third-party marks without the prior written permission of the respective owner. Any goodwill generated from the use of our trademarks will exclusively benefit us.

 

7. RELIANCE ON INFORMATION AND CONTENT

 

Our website provides general information about us, our business, and any products or services we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. The website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and reporting services. Any statements, opinions, or content provided by these third parties, excluding content provided by us, are solely the opinions and responsibility of the person or entity providing them. Such materials do not necessarily reflect our opinion. We are not responsible or liable for the content or accuracy of any materials provided by third parties.

 

The content on our website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on such materials by you, other visitors to the website, or anyone informed about its contents.

 

8. CONTENT ON OUR WEBSITE

 

The content on our website is intended for your personal, private, and non-commercial use only. You may print or share the content from our website for lawful personal, private, and non-commercial purposes. Any other use, including but not limited to extracting, reproducing, modifying, creating derivative works, publicly displaying, publicly performing, republishing, downloading, storing, transmitting, or distributing the content of our website, requires our prior written consent unless otherwise specified.

 

  • Temporary storage of materials in RAM by your computer incidental to accessing and viewing the materials is permitted
  • Your web browser may cache files automatically for display enhancement purposes.
  • You may print or download a reasonable number of pages from the website for your personal, non-commercial use, provided it is not for further reproduction, publication, or distribution.
  • If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your personal, non-commercial use, subject to our end-user license agreement for such applications.

 

You must not:

 

  • Modify copies of any materials from this website.
  • Use any illustrations, photographs, videos, audio sequences, or graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use any part of the website or any services or materials available through the website for commercial purposes.

 

If you engage in printing, copying, modifying, downloading, or otherwise using or providing access to any part of the website in violation of these terms, your right to use the website will be terminated immediately. At our option, you must either return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the website not expressly permitted by these terms constitutes a breach of these terms and may violate copyright, trademark, and other laws.

9.Prohibited Uses of Our Website

You are prohibited from accessing, interfering with, damaging, or disrupting our website or any part of it, including our systems, hardware, equipment, networks, software, or technology, without our prior written consent. This includes any hardware, equipment, network, server, software, or technology owned or operated by us or any third party.

 

You must use our website only for lawful purposes and in accordance with these terms. You must not use our website:

 

  • For any unlawful purpose or in violation of any applicable local, national, or international laws or regulations.
  • For any fraudulent purposes.
  • To conduct unsolicited or unauthorized advertising, direct or indirect marketing, spamming, or communicating with or marketing any goods, services, or businesses not authorized by us.
  • To upload, host, or transmit any harmful programs, viruses, malware, adware, spyware, worms, trojan horses, keystroke loggers, logic bombs, time bombs, or any other code that could adversely affect the website, our hardware or systems, or the devices of users or third parties.
  • To communicate with, exploit, harm, or attempt to harm minors.
  • To engage in any conduct that restricts or inhibits the use or enjoyment of the website by others or that may harm us or users of the website or expose them to liability.
  • In any way that breaches these terms, or the terms of any other documents referred to in these terms.

 

Additionally, you agree not to:

 

  • Use the website in a manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the website, including their ability to engage in real-time activities through the website.
  • Use any automated means to access the website, such as robots, spiders, or other devices, processes, or means, without our prior written consent.
  • Use any manual process to monitor or copy any material on the website without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the website.
  • Introduce any malicious or technologically harmful material, such as viruses, trojan horses, worms, logic bombs, or other harmful code.
  • Attemptto gain unauthorized access to, interfere with, damage, or disrupt any part of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
  • Attack the website through a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the website.

 

10. GEOGRAPHIC RESTRICTIONS

While it may be possible to access our website from other countries, we make no representation that our website is compliant with legal requirements outside of the United States. The content on our website may not be appropriate or suitable for users in other countries or states. If you access our website from outside the United States, you do so at your own initiative and are responsible for complying with local laws.

11. LINKS TO OTHER WEBSITES

 

From time to time, our website may contain links to third-party content or websites. These links are provided for your convenience, including links in advertisements. We are not responsible for the content of any linked sites or the information, products, or services they provide. Linked sites have their own terms of use and privacy policies. You may need additional products or services, such as a mobile device, internet access, or data connection, to use linked sites, and you are responsible for obtaining or using them separately and paying associated charges. The content on linked sites is beyond our control, and we do not guarantee its relationship to us or our website, its suitability or appropriateness for use or viewing, its legality, or its accuracy.

 

12. CALLS AND/OR TEXT MESSAGES

By providing us with your phone number, including as part of your account, you agree to receive text messages and/or calls from us and/or our agents/affiliates. These communications may be sent via automated means, including an automatic telephone dialling system and/or artificial or pre-recorded voice, for various purposes, including marketing and service-related messages. However, providing your phone number is not a condition for receiving any goods or services. If you do not wish to receive such communications, please refrain from providing us with your phone number, and you may opt-out at any time.

 

Please note that message and data rates may apply, and the frequency of calls/text messages depends on your transactions with us. Any charges incurred are billed by and payable to your wireless service provider. For details regarding pricing plans and charges, please contact your wireless service provider. Text message services are provided “as is” and may not be always available in all areas. Each text message will include instructions on how to opt-out, and upon opting out, you may receive a confirmation message.

13. PRODUCT PURCHASES

 

To place an order for products on the website, you should follow the instructions provided during the checkout process and press the “Pay Now” button. The website will guide you through the ordering process with simple instructions.

 

At the checkout, you’ll have the opportunity to review your order, including the country of delivery, and make any necessary amendments before placing the order.

 

Upon placing your order, you will receive an order confirmation email that lists the products you have ordered. However, please note that this email does not constitute our acceptance of your order. Order acceptance occurs when we dispatch the products you have ordered.

 

If we are unable to accept your order, we will notify you via email and will not charge you for the product. If payment has been taken before non-acceptance of the order, we will issue a refund. However, please be aware that it may take up to 7 business days for the funds to be transferred back to you. Non-acceptance of an order may occur for various reasons, such as product unavailability, payment authorization issues, pricing or description errors, suspicion of fraud, inability to deliver to the provided address, or events outside of our control.

 

An order number will be assigned to your order, and it would be helpful if you can provide this number when contacting us about your order.

 

The transaction will be conducted in English.

 

Please note that the website is intended for selling True and Pure products directly to end consumers. Purchase of products for resale is strictly prohibited. Purchase for resale refers to the purchase of True and Pure products with the intention of reselling them to others, including consumers, businesses, or any third party. If we believe you are involved in purchase for resale, we reserve the right to take appropriate actions, such as restricting sales, cancelling orders, suspending, or closing your account.

 

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14. CHANGING YOUR ORDER

Once your order has been placed and payment processed, it is not possible to change the details of your order, such as the delivery address, product types, or quantity. However, this does not affect your legal right to cancel the order, as provided in the following sections. If you have any questions, please contact our customer services team at

 

If the products you ordered have already been collected for delivery from our warehouse, we are unable to cancel your order. For unwanted products, you will need to follow our cancellation procedure as outlined, and if you wish to add products to an existing order, you will need to place a new order.

 

– Email change If needed

 

15. OUR PRODUCTS

All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Each product purchased is sold subject to its product description. While we take reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct, we cannot guarantee the accuracy of the website. In some cases, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and cancel any orders resulting from such occurrences.

 

The images of the products on our website are for illustrative purposes only. The actual product and its packaging may vary slightly from the images displayed on the website, as the colors may appear differently on different devices.

 

If you have any questions or complaints about any product, please contact our customer service team at support@trueandpure.com.

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16. DELIVERY

During the check-out process, the list of countries we currently deliver to will be displayed. Delivery lead times will vary depending on the destination, and the specific time will be confirmed to you once the product is shipped.

 

Please note that shipping and delivery dates are estimates and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the specified time or within thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. If you do not provide consent, we will cancel your order and provide a refund, including shipping fees, within seven (7) working days.

 

It is your responsibility to provide us with complete and accurate delivery address information. We will not be liable if you provide us with incomplete or inaccurate information.

 

You will be responsible for paying all shipping and handling charges specified during the ordering process. These charges cover the costs we incur in processing, handling, packing, shipping, and delivering your order. The delivery costs will be displayed on our website before you finalize your order, so please review them carefully. By submitting your order, you consent to these charges.

 

When your product is shipped from our warehouse, we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be confirmed in your dispatch confirmation email. If we fail to meet this delivery time, you have the right to cancel your order by emailing us at support@trueandpure.com. We may contact you to offer an alternative solution, such as reimbursement and re-delivery of your products. If you do not consent to an alternative solution, we will refund all amounts paid, including shipping fees, within fourteen (14) working days after the date your order is terminated for non-delivery.

 

Once we deliver the product to the address you provided, it becomes your responsibility. The risk of loss and title for the purchased products pass to you upon delivery.

 

This paragrpah: Is this correct to how you would like the process for true and pure

 

17. RIGHT TO CANCEL; NO RETURNS; REFUNDS

All sales are final, non-cancellable, and non-refundable, except as specified in section 16 and this section 17. We do not accept returns of products.

 

You are entitled to a refund if the product arrives damaged. This does not affect your statutory rights. If your claim is justified, the purchase price and shipping costs will be refunded. To request a refund, you must contact our customer service team within forty-eight (48) hours of delivery by writing to us at support@trueandpure.com. We may request photos of the product and a copy of your confirmation email.

 

Refunds will be issued based on the original form of payment. If you paid via bank transfer, you will need to provide your bank account information to our customer service staff so that we can refund the money directly to your account.

 

For any refund requests, please contact our customer service team by writing to us at support@trueandpure.com. Include details such as your name, geographical address, order number, reason for the request, phone number, and email address.

 

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18. OUR ONLINE STORE

Our online store is hosted on Shopify Inc. (“Shopify”), which provides us with an e-commerce platform to sell our products to you. Shopify processes your order requests and payments. For more information about payments, please see section 19 below. By submitting your order, you agree to Shopify processing your order.

 

Your data is stored through Shopify’s data storage, databases, and the general Shopify application. Your data is stored on a secure server behind a firewall. For more information, please refer to our privacy policy. You should also read Shopify’s privacy statement available at https://www.shopify.com/legal/privacy

 

19. PRICE & PAYMENT

The price of the product will be the price indicated on the email acknowledgment we send you upon completion of your online order. Despite our best efforts, there is a possibility that some products we sell may be incorrectly priced online.

 

Product prices displayed on the website are in U.S. dollars. These prices may change from time to time. Shipping and handling costs are not included in the product prices, and applicable sales taxes are also not included. You are responsible for any state and local sales or use taxes that may apply to your order. These taxes will be added to your total invoice price during the checkout process.

 

If you choose to pay with a payment card that has a currency denominated account different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates are beyond our control.

 

Additional import duties and charges may be payable by you upon receipt, depending on the delivery location. You are responsible for any import duties and clearance fees (where applicable) in your country. It is your responsibility to check the duties and clearance fees with your local authorities.

 

During the checkout process, you will find the available payment methods. We accept payment through Afterpay, Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay, and Shop Pay. Credit card payments, including recurring charges, are processed through third-party payment processors. These processors will collect and retain your credit card information to process your payment. For more information, please review our privacy policy.

 

If you choose a direct payment gateway to complete your purchase, Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as necessary to complete the transaction, and then it is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

Full payment is due upon order placement, and you will be charged when you press the ‘Pay Now’ button at the end of the checkout process.

 

By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or obtain information about you from third parties. This may include verification checks involving your debit or credit card number or credit reports, such as to authenticate your identity.

 

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, regardless of the amount quoted on the website at the time of your order.

 

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20. PRODUCT RESTRICTIONS

There may be instances where we are unable to deliver a product to you due to restrictions, whether legal or otherwise, or certain practices related to the product. We cannot be held liable for any product that we are unable to sell or deliver to you because of such restrictions. If a restriction is enforced after you have placed your order, we will make reasonable efforts to notify you as soon as possible.

21. DISCOUNT CODES

You may use only one discount code per order. We reserve the right to reject or cancel any orders where multiple discount codes are added to the basket. The use of discount codes is subject to the specific terms and conditions upon which they were issued, which may include eligibility requirements and a maximum order value. If there is a conflict between the terms of a promotion and these terms, the promotion terms will take precedence.

22. PROMOTIONS

From time to time, we may offer you the opportunity to participate in challenges or other promotions (“Promotions”). You are not allowed to transfer, assign, sell, trade, or barter any prize, premium, or other benefit received through a Promotion. Any prize, premium, or other benefit is awarded “as is” without any express or implied warranty or guarantee from us, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We reserve the right to modify, terminate, or suspend the availability of Promotions and to correct errors or inconsistencies in promotion-related materials. We may disqualify any individual who tampers with any Promotion. It is important to note that any attempt to deliberately undermine the legitimate operation of a Promotion is a violation of criminal and civil laws, and we reserve the right to seek damages from such individuals to the fullest extent permitted by law.

 

By participating in a Promotion, you agree to be bound by our decisions, which are final and binding in all matters related to the Promotion. Promotions are subject to all applicable federal, state, and local laws, rules, and regulations. Promotions are void where prohibited, restricted, or taxed.

 

By participating in a Promotion, you agree to release us and our agents from all liability, loss, or damage arising from or in connection with your participation in any Promotion-related activity or the receipt, use, or misuse of any prize or premium you may receive.

23. DELAY AND EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to fulfil our obligations under these terms and conditions if such delay or failure is caused by any event beyond our reasonable control. If the supply of products is delayed due to an event outside our control, we will notify you. In such cases, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may choose to end the contract and receive a refund for any products you have paid for but not yet received. This section does not limit your statutory rights or rights under Section 16.

24. ARBITRATION

You agree that any claims arising from or relating to these terms, or any goods or services provided by us (true and pure LLC) to you or the entity you represent shall be subject to binding arbitration under the Federal Arbitration Act (FAA). This includes claims based on contract, tort, equity, statute, or any other legal basis, as well as claims regarding the scope and enforceability of this arbitration provision. This applies to claims involving you, us, and/or other parties involved in providing or receiving any product or service related to these terms or your purchases or transactions with us. However, at the discretion of any party, claims subject to the jurisdiction of a small claims court are not required to be arbitrated, nor are claims for injunctive relief to protect intellectual property rights.

 

A single arbitrator will decide all claims and issue a final written decision. You may choose the American Arbitration Association (AAA), JAMS, or another arbitration service provider acceptable to us to administer the arbitration. The applicable rules of the chosen arbitration service provider, as determined by the arbitrator, will apply. For AAA and JAMS, their rules can be found at

 

Each party involved in the arbitration shall bear their own costs unless otherwise required by the relevant arbitration rules. If you are unable to afford the arbitration costs, you may apply for a waiver under the relevant rules.

 

The parties waive the right to bring representative claims on behalf of a class or on behalf of the public (the “class action waiver”). If necessary to make the arbitration provision enforceable, it may be severed or modified. For instance, if a California court determines that the class action waiver is unenforceable to the extent that it prohibits the right to public injunctive relief, all other claims subject to arbitration will still be arbitrated under this provision, while a court will decide any claim for public injunctive relief.

 

Is this relevant if you are not an American company?

 

I don’t understand this jargon. This may be something you want to just confirm is ok

 

25. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or part of the following limitations of liability to apply to you, they will apply to you only to the maximum extent permitted by applicable law.

 

Subject to the above, under no circumstances shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees, or agents) be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise), costs, expenses, liabilities, or penalties, whether in contract, tort, breach of statutory duty, or otherwise, whether foreseeable or unknown, arising from, in connection with, or relating to:

 

  • Your use of our website.
  • Any corruption or loss of data.
  • Any inability to access our website, including any interruptions, suspension, or withdrawal of our website (for any reason whatsoever).
  • Any use you make of any content or materials on our website, including any reliance you place on such content or material.
  • Any loss of savings, profits, sales, business, or revenue.
  • Any loss of reputation or goodwill.
  • Any loss of savings.
  • Any loss of a chance or opportunity; or
  • Any other secondary, consequential, or indirect losses.

 

Even if we have been advised of the possibility of such loss or damage, you assume and shall be liable for the entire cost of all necessary servicing, repair, or correction in the event of any such loss, damage, costs, expenses, liabilities, or penalties arising.

 

We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failure to correctly follow installation instructions or have in place the minimum system requirements advised by us.

 

You specifically agree that we shall not be liable for any content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

 

In the event that you incur any damages, losses, or injuries arising out of or in connection with our acts or omissions, you agree that the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any website, property, product, service, or other content owned or controlled by us.

 

To the extent that any provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

 

26. INDEMNIFICATION

You (and any third party for whom you operate an account or activity on the website) agree to defend (at our request), indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

 

  • Your uploads, access to, or use of the website
  • Your breach or alleged breach of these terms
  • Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
  • Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or
  • Any misrepresentation made by you.

 

You will cooperate fully as required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

27. DISCLAIMERS

To the maximum extent permitted by applicable law, all products offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

 

To the maximum extent permitted by applicable law, the website is provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express, or implied, as to.

 

  • The service
  • The website content.
  • User content; or
  • Security associated with the transmission of information to the website.

 

To the maximum extent permitted by law, we hereby disclaim all warranties, express or implied, and statutory warranties and conditions, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

 

We do not represent or warrant that the website or content will be error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available will be provided on a timely, reliable, or secure basis, or is free from any harmful components, including, without limitation, viruses, worms, or other harmful or malicious components. We do not make any representations or warranties that the content (including any instructions) on the website is accurate, complete, or useful. You acknowledge that your use of the website is at your sole risk. We do not warrant that your use of the website is lawful in any jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.

 

By accessing or using the website, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

 

We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of action of any kind or character based upon or resulting from any content.

28. AGE RESTRICTIONS ON USE OF OUR WEBSITE

By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this website. True and Pure and the website do not knowingly collect information from children under the age of 18. If you are under the age of 13, you are not permitted to use the website or submit any personally identifiable information to the website. If you provide information to us through the website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, and use the information on the website, you represent that you have the permission of a parent or guardian to do so and that the parent or guardian agrees to these terms on your behalf; you may not submit any personal information. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify True and Pure immediately by sending an email to support@trueandpure.com.

 

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your account or your use of the website at any time.

 

29. SUSPENSION AND TERMINATION

Termination will not limit any of our other rights or remedies. The sections titled Ownership of Material on Our Website, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Arbitration, Governing Law, and General, and any other provision that is intended to survive termination, shall survive termination of these terms or your access to the website or account.

 

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. You waive and hold harmless true and pure and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken because of, investigations by either such parties or law enforcement authorities.

30. NOTICES

We may provide you with all necessary notices, including legal process, through any lawful means, such as posting notices on the website or sending them to the email address you have provided to us. You agree to send us notices by email to support@trueandpure.com or by mailing them to the following address.

 

31. GOVERNING LAW

Except for the arbitration provision governed by the Federal Arbitration Act, these terms, any referenced documents, and any disputes arising from or related to them or the referenced documents, whether contractual or non-contractual, shall be governed by and interpreted in accordance with the laws of the United States in the state of California. This choice of law shall apply without giving effect to any choice or conflict of law provision or rule of the state of California or any other jurisdiction that would result in the application of laws other than those of the state of California.

32. NOTICE TO CALIFORNIA RESIDENTS

If the website is classified as an electronic commercial service under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

  • Pricing Information: The website must clearly and conspicuously display accurate and detailed information about the prices of products or services offered, including any additional charges, taxes, or fees.
  • Contact Information: The website must provide its contact information, including a physical address for receiving legal notices, a telephone number, and an email address.
  • Complaints: California residents have the right to file a complaint with the California Department of Consumer Affairs if they believe there has been any violation of their consumer rights.
  • Legal Remedies: California residents have the right to pursue legal remedies in case of any disputes or violations of their consumer rights. They may seek assistance from consumer protection agencies or engage in alternative dispute resolution methods, such as arbitration or mediation.

 

Please note that the specific consumer rights and remedies may vary depending on the classification of the website as an electronic commercial service under California law.

 

33. GENERAL

If any provision of these terms is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions of these terms will continue to be fully enforceable. Both you and True and Pure intend for the provisions of these terms to be enforced to the maximum extent permitted by applicable law. In such cases, the unenforceable provision will be modified, to the extent possible, to make it enforceable, including potentially removing the provision altogether. The section titles used in these terms are for convenience only and do not have any legal or contractual significance. Any list of examples following terms like “including” or “e.g.,” is illustrative and not exhaustive, unless explicitly stated otherwise. True and Pure has the right to assign these terms, either in whole or in part, at any time without notice to you. However, you may not assign, transfer, or sublicense your rights, if any, in your account, to the website, or under these terms. Any waiver by True and Pure of a breach of any provision shall not be considered a waiver of any subsequent breach of the same or any other provision. These terms, including any incorporated terms or policies, constitute the entire agreement between you and True and Pure regarding your account, the website, and your transactions for the purchase of products. Both you and True and Pure confirm that, in entering these terms, neither party has relied on any statement, representation, warranty, or assurance that is not expressly stated in these terms. This provision does not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and True and Pure, or True and Pure’s successors and permitted assigns, will have any right to enforce any of these terms.

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