True Fit Terms of Use

‍Effective Date: February 16, 2024.

The following Terms of Use (“Terms”) constitute a binding agreement between you and True Fit Corporation (“True Fit” “we,” or “us”) with respect to your use of www.TrueFit.com, all True Fit-owned websites and domains, our mobile application, and the services available through our website and mobile application (collectively referred to as the “Services”), including any Content (as defined in Section 2 below). BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU  ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MAY NOT USE THE SERVICES.

THESE TERMS INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, WITHOUT A JURY. MORE INFORMATION ABOUT THE CLASS ACTION AND JURY TRIAL WAIVERS CAN BE FOUND IN SECTION 12 BELOW.

1.  Changes to these Terms. We may revise or update these Terms from time to time, in our discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective 30 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

2.  Scope of and Restrictions on Use. Subject to these Terms, True Fit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) if applicable, download and install our application on mobile devices owned or otherwise controlled by you. Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of True Fit. You agree not to:

1. collect information from the Services using an automated software tool or manually on a mass basis;
2. use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
3. obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
4. “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
5. restrict or inhibit other users from accessing or using the Services;
6. modify or delete any copyright, trademark, or other proprietary rights notices that appear in the Services or Content; or
7. access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

3.   Ownership. The Services (including the Content) are owned by True Fit and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on or through the Services are registered and unregistered marks of True Fit, its licensors, or third parties who are featured in the Services and Content. 

4.  Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and all activities conducted through your account, regardless of who conducts those activities. You agree to immediately notify True Fit of any unauthorized use of your account, or any other breach of security.

5.  Product Pricing, Display and Availability; Information Accuracy.

1. Product Pricing. The prices displayed through the services are in U.S. currency.  Prices are subject to change at any time.
2. Product Display. True Fit makes every effort to display accurately the products featured through the Services. However, the color of products and the capabilities of your computer monitor may affect the colors you see on your screen. True Fit cannot guarantee that your monitor’s display of any color, texture or merchandise details will be accurate. 
3. Product Availability. In order to keep the Services current, we frequently change the merchandise displayed. This means that we cannot guarantee that an item displayed on a previous visit will still be available when you visit again. 
4. Information Accuracy. True Fit makes reasonable attempts to provide the most recent, accurate and reliable information available through our Services. However, there may be occasions when information featured on the Services may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color or other matters, or an item that is no longer in stock. True Fit does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via the Services. True Fit reserves the right to correct errors and to update information on the Services at any time. 

6.  Privacy Policy. You agree and acknowledge that information collected by True Fit through the Services is subject to True Fit’s Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

7.  Changes, Suspension, Termination.

1. Changes to the Services. True Fit reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that True Fit will not be liable to you or to any third party for any such change, suspension, or discontinuation.
2. Suspension/Termination of Access. True Fit has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. 
3. Termination. These Terms are effective unless and until terminated by either party. True Fit may terminate this agreement at any time and may do so immediately and without notice if in True Fit’s sole and absolute discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or True Fit, True Fit may deny you access to the Services and you must promptly destroy all materials downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made under these Terms or otherwise. Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Governing Law and Jurisdiction Law sections shall in all events survive any termination of these Terms.

8.  Disclaimer; Limitation of Liability.

1. Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TRUE FIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUE FIT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TRUE FIT NOR ANY ENTITY ASSOCIATED WITH TRUE FIT REPRESENTS OR WARRANTS THAT THE SERVICES, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES,  CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, PRODUCTS ORDERED THROUGH THE SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRUE FIT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES  OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL TRUE FIT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 8 may not apply to you.

9.  Indemnification. You agree to indemnify, defend, and hold True Fit and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or  Content, ordering products through the Services and any activity conducted through your account, or any violation of these Terms or applicable law.

10.  Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that True Fit is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. True Fit does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

11.  Third Party Platforms. True Fit may provide the Services to you through third-party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under True Fit’s control. True Fit does not assume any responsibility or liability for your use of such Third Party Platforms.

12.  Jury Trial and Class Action Waiver. YOU AND TRUE FIT EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.  THIS MEANS THAT ANY CLAIM WILL BE DECIDED BY A JUDGE, NOT A JURY.  FURTHER, YOU AND TRUE FIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

13.  User Submissions. Unless otherwise agreed in writing prior to your submission and except as set forth in True Fit’s Privacy Policy incorporated herein by reference, any material, information or other communication you transmit or post to the Service ("Communications") will be considered non-confidential and non-proprietary. True Fit will have no obligations with respect to the Communications. True Fit and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

14.  Miscellaneous.

1. Geographic Restrictions. True Fit is based in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
2. Governing Law; Jurisdiction and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims), or your use of the Services or Content, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to principles of conflicts of laws.  You and True Fit each consent to the exclusive jurisdiction and venue of the appropriate courts located in Suffolk County in the Commonwealth of Massachusetts. 
3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
4. Waiver and Severability. True Fit’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
5. Entire Agreement; Assignment. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and True Fit with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. True Fit may assign this Agreement, in whole or in part, in its sole discretion.

15.  Questions. If you have any questions about the Services or these Terms, please email us at inquiries@TrueFit.com.

16.  Notice to California Residents.  If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 

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