TruSelf Training, Inc. DBA TruSelf Sporting Club (“TruSelf”, “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its website, accessible via www.TruSelfSportingClub.com or any website owned or controlled by TruSelf, including its subdomains (collectively, the “Sites”), and use of its applications (hereinafter referred to as the “Apps”) (together, the “Platform”), conditioned on your acceptance of these terms, conditions, and notices contained herein (collectively, the “Terms”).
For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
PLEASE BE AWARE THAT SECTION 15 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND TRUSELF. AMONG OTHER THINGS, SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
These Terms contain the following terms and conditions sections:
A. GENERAL TERMS OF USE
B. TERMS OF SALE
C. GIFT CARDS TERMS
D. MOBILE APPS END USER TERMS
A. GENERAL TERMS OF USE
1. ACCEPTANCE OF TERMS.
PLEASE READ THESE TERMS AND THE TRUSELF PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE WEBSITE, APPS, OR SERVICES. BY USING ANY OF THESE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
TRUSELF MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with TruSelf or its affiliates for other products or services.
Our Privacy Policy, and as applicable our Cookie Policy, describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, TruSelf’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding TruSelf’s processing of your personal information, please refer to our Privacy Policy.
You are expected to check this page from time to time to take notice of any changes TruSelf has made, as those changes are binding on you.
The Terms were updated as of April 8, 2025.
2. USE AND RESTRICTIONS.
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.
The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that TruSelf, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.
You agree not to:
· resell for commercial purposes products purchased through the Platform, or as applicable, from the TruSelf store;
· commercially sell, resell, distribute, or frame the Platform or Content therein;
· modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
· use, frame, or utilize framing techniques to enclose any TruSelf, logo, or other proprietary information (including the images found on the Platform, the content of any text, or the layout/design of any page or form contained on a page) without TruSelf’s express written consent;
· collect or use any product listings or descriptions; or
· use any meta tags or any other “hidden text” utilizing a TruSelf name, trademark, or product name without TruSelf’s express written consent.
When using the Platform, you may not:
· breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer, or database connected to the Platform;
· transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;
· use any data mining, robots, or similar data gathering and extraction methods from the Platform;
· access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms;
· attack the Platform via a denial or service attack or distributed denial or service attack; or
· forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.
Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, membership will be terminated if in place, and may violate applicable law, including but not limited to, copyright laws, and communications regulations and statutes.
3. COPYRIGHT
The Content, Sites, and Apps, as well as the selection and arrangement of each, are the sole property of TruSelf and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with TruSelf’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, TruSelf grants no other privileges or rights in the Content to you, and you must keep intact all patent,
copyright, trademark, and other proprietary notices on the Content. Any Content owned by TruSelf’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without TruSelf’s express prior written consent.
If you print, copy, or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at TruSelf’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. TruSelf’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.
4. TRADEMARK
All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Platform are proprietary to TruSelf or such Marks’ respective owners. You may not display or reproduce TruSelf Marks other than with the prior written consent of TruSelf, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of TruSelf or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TruSelf.
5. COPYRIGHT AND TRADEMARK INFRINGEMENTS
TruSelf respects the intellectual property rights of others, and we ask you to do the same. TruSelf may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide TruSelf’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
· Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on a single website are covered by a single notification, a representative list of such works on that website;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled on the Platform, and information reasonably sufficient to permit TruSelf to locate the material;
· Information reasonably sufficient to permit TruSelf to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TruSelf’s agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows: By email: contact@truselfsportingclub.com
By mail: 5125 Waring Road, San Diego, CA 92120
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.
6. YOUR ACCOUNT
If you purchase products or services using the Platform, you may be prompted to establish an account with TruSelf, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.
You agree to immediately notify TruSelf of any unauthorized use of your password or account or any other breach of security by contacting us at contact@truselfsportingclub.com. We have the right to disable any account or password at any time, for any reason.
You acknowledge and agree that TruSelf may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if TruSelf is required to do so by law or legal process or if TruSelf determines, in its sole discretion, that such action is necessary to protect the rights of TruSelf, third parties, and other users of the Platform or for purposes of responding to your request for customer service.
7. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from TruSelf either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.
You agree that TruSelf may use and/or disclose information consistent with the Privacy Policy.
8. SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Platform (each, a “Submission”) and through the services available in connection with the Platform, and that you, and not TruSelf, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to TruSelf. You represent that: (a) the posting and use of your Submission on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.
You agree that TruSelf is free to use a Submission for the purpose of providing you and others with use of the Platform, its functionality, and associated products and services, and, unless the rights in such Submission are assigned to TruSelf under these Terms, you grant TruSelf a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to TruSelf a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of TruSelf products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and TruSelf is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN
OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to TruSelf set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:
· use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by TruSelf;
· use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
· take any action that imposes or may impose (in TruSelf’s sole discretion) an unreasonably or disproportionately large load on TruSelf’s infrastructure;
· attempt to gain unauthorized access to TruSelf’s computer network or user accounts;
· encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
· attempt to damage, disable, overburden, or impair TruSelf servers or networks;
· violate applicable third-party terms;
· defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· use racially, ethnically, or otherwise offensive language;
· discuss or incite illegal activity;
· use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
· post anything that exploits children or minors or that depicts cruelty to animals;
· post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
· disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation;
· use any robot, spider, scraper, or other automated means to access the Platform; or
· alter the opinions, goals, profiles, or comments posted by others on the Platform.
This list of prohibitions provides examples and is not exhaustive. TruSelf reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that TruSelf determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. TruSelf may report to law enforcement authorities any actions that may be, or TruSelfreasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at TruSelf’s discretion, TruSelf will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
TruSelf takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, TruSelf is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require TruSelf to monitor, police, or remove any Submissions or other information submitted by you or any other user.
TruSelf prohibits crawling, scraping, caching, or otherwise accessing any content on the Platform via automated means, including, but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with TruSelf’s express consent).
TruSelf’s policy is to not accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, TruSelf does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that TruSelf is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. MODIFICATIONS
Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, TruSelf reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TruSelf, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) 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 (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.
11. THIRD-PARTY SITES
The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than TruSelf or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. TruSelf does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply TruSelf’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. LINKING TO THE SITES
You may link to our Sites, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.
13. WARRANTIES AND DISCLAIMER
AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO TRUSELF THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.
EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, APPS, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM OR STORES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUSELF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TRUSELF DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR
PRODUCTS OR INVENTORY WILL BE AVAILABLE AT TRUSELF’S LOCATION. TruSelf will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. TRUSELF THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRUSELF RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING, SCHEDULING, OR AVAILABILITY INFORMATION. IF AN ITEM OR SERVICE BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, TRUSELF MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, TRUSELF WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. TruSelf is not liable for these variants and deviations.
Nothing in these Terms shall affect your legal rights under applicable consumer laws.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, TRUSELF AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR APPS OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY TRUSELF’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that any claim you may have arising out of or related to your relationship with TruSelf must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
15. ARBITRATION AGREEMENT
General
We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).
To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from TruSelf, any products sold or distributed through the Platform, your account, your access to or use of the Platform (including for the purchase of TruSelf services, membership, and products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding
arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section 15 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorneys’ fees).
The only exceptions to the Arbitration Agreement are: (i) you and TruSelf may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or TruSelf may seek equitable relief in court for infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.
Waiver of Jury Trial
YOU AND TRUSELF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TruSelf are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief
YOU AND TRUSELF AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and TruSelf agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or provincial (as applicable) or federal courts located in either the State of California if arising the United States. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or TruSelf from participating in a class-wide settlement of claims.
Pre-Arbitration Claim Resolution
If a Dispute arises between you and TruSelf, TruSelf is committed to working with you to reach a reasonable resolution. You and TruSelf agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at contact@truselfsportingclub.com with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within ninety (90) days after receiving said notification, then you or we may pursue the Dispute in arbitration, as detailed below, or, if you have opted out of arbitration as provided under “30-Day Right to Opt Out”, in court.
30-Day Right to Opt Out
Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt
out of arbitration, simply email us at contact@truselfsportingclub.com with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any decision to opt out of arbitration will have no adverse effect on your relationship with us, but we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Arbitration Procedures
If the Dispute is not resolved as provided under “Pre-Arbitration Claim Resolution” within ninety (90) days, either you or we may initiate arbitration proceedings. The AAA will administer all Disputes, and the arbitration will be conducted before a single arbitrator, in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement.
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, and email address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
The arbitration will be conducted in English, closed to the public, and confidential. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of the arbitration award.
The Terms evidence a transaction which may involve interstate commerce; notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
Attorneys’ Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Your
responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
Unless you and TruSelf otherwise agree, or the “Batch Arbitration” process discussed in the subsection below is triggered, the arbitration will be conducted in the country where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
Invalidity, Expiration
Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with TruSelf as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification
Notwithstanding any provision in these Terms to the contrary, you and we agree that if TruSelf makes any future material change to this Arbitration Agreement, it will notify you as set forth above. Unless you reject the change within thirty (30) days of such change becoming effective by writing to TruSelf at contact@truselfsportingclub.com your continued use of the TruSelf Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms), those agreements to arbitrate remain in full force and effect. TruSelf will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
16. GOVERNING LAW
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings or actions initiated in connection with the Platform and/or the Content must and will be venued exclusively in San Diego, California. These Terms and the relationship between you and TruSelf will be governed by the laws of the State of California and the federal laws of the United States applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.
17. MISCELLANEOUS
If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
18. LANGUAGE
You agree it is the express wish between you and TruSelf that the official language of these Terms and all communications and agreements between TruSelf and you and any proceedings in connection with these Terms and/or your use of the Platform exclusively shall be made in the English language. TruSelf and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.
19. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TruSelf as a result of these Terms, the Privacy Policy, or any use of the Platform. TruSelf’s performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or the Privacy Policy is in derogation of TruSelf’s right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by TruSelf with respect to such use.
20. ENTIRE AGREEMENT
These Terms, including all terms and conditions incorporated by reference herein, constitute the entire agreement between you and TruSelf with respect to the Platform, Sites, and the Services provided by TruSelf, including the sale of products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TruSelf with respect to the Platform.
21. QUESTIONS OR CONCERNS
If you have any concerns about material which appears on the Platform, please contact us by emailing us at: contact@truselfsportingclub.com or by writing to us at:
TruSelf Sporting Club Attn: Terms of Use 5125 Waring Road, San Diego, CA 92120
B. TERMS OF SALE
These Terms of Sale (“Terms of Sale”) describe the terms and conditions in which TruSelf sells TruSelf products (“Products”) and Services (“Services”) through TruSelf Sporting Club (TruSelf) and through the Platform to you and provide the legal information applicable to the contract formed when you purchase a Product or Service from our Platform or Store (an “Order”). PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR PLATFORM OR STORES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.
1. PLACING AN ORDER. The contract for an Order made on a Platform is formed through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will be required to submit your name, address, email, phone number, and a valid Payment Method (defined below) on the “Order Summary” page. Please carefully review all Product specifications, including size, color, and price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will acknowledge receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you submitted. If your Order is accepted, we will send an email to confirm acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. Alternatively, if you have selected “Buy Online, Pick Up Only”, we will send an email when your Product is available for pickup in your selected Store. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.
2. RESTRICTIONS ON PLACING ORDERS. Products are offered for sale only to end consumers who are of legal age of majority in their place of residence (for example, 18 years of age or older). We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for domestic and private use. You agree to not purchase any Product for commercial resale. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
3. AVAILABILITY. All Products are subject to availability. Some Products on our Platform may not be available on site, and vice versa. We will inform you by email as soon as possible if a Product in your Order is not available. We make no representations or warranties that any Products displayed on our Platforms will be available at any time or location.
4. COLORS, DETAILS, AND PACKAGING. Product colors, details (e.g., logo placement), and packaging may vary slightly from Platform images. Platform images are for illustrative purposes only. We make every effort to display colors and logo placement as accurately as possible, but we cannot guarantee how
such colors will display on your device. Additionally, logo placement is dependent on production lot and timing and may therefore differ from the Platform images.
5. PAYMENT METHODS. Acceptable payment methods (each, a “Payment Method”) may vary and Platform and will be shown on the “Order Summary” page. Such Payment Methods include, but are not limited to, Visa, MasterCard, American Express, Visa Debit, JCB Discover, Paypal, Klarna, Afterpay, and the TruSelf gift card (“Gift Card”). We will not charge your Payment Method until we dispatch your Order. We take every reasonable care to ensure your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These security checks take various forms and may involve contacting you by phone before we process your Order. We also procure the services of various credit rating and fraud prevention companies, and we may share details of your Order with them for the sole purpose of detecting and preventing fraudulent use of Payment Methods. Such information will be shared and processed in accordance with our Privacy Policy. Certain Payment Methods, such as Klarna or Afterpay, may be subject to additional requirements for use and approvals by such third parties. When placing an Order using these methods, please be sure to review any additional terms and available documentation.
6. DELIVERY. For Orders that are being shipped to you directly, your Order will be fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If an Event Outside Our Control prevents us from meeting the estimated delivery date, we will contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. Certain regions may require a “Delivery Fee” to be included on items shipped to addresses in that region. If your designated shipping address requires a Delivery Fee, the amount will be noted and included on the Order Summary page. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE.
7. BUY ONLINE, PICK UP ONLY. Some Products on the Platform may be available for pickup at select Stores (as an Order method, “Buy Online, Pick Up Only”). This method may be temporarily disabled from time to time. When placing an Order through Buy Online, Pick Up Only, we will notify you via email when your Order is ready for pickup. Your Order will be held at the selected Store until the close of Store hours that week. Orders that are not picked up will be canceled and refunded. Only you may pick up the Order. Order confirmation number and photo ID or Membership will be required for verification.
8. OUR RIGHT TO REJECT OR CANCEL AN ORDER. We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:
· if your Order exceeds Product purchase limits in quantity or dollar amount;
· if your purchase history, Membership history, or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;
· if we believe that you ordered or purchased Products (single or cumulative transactions) for resale, tax evasion, or another fraudulent purpose;
· if the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;
· if our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
· if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;
· if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;
· if we are unable to obtain payment authorization;
· if your address, form of payment, or billing information is unverifiable or incorrect;
· if shipping restrictions may apply to a Product in your Order;
· if we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;
· if we cannot deliver to the address provided;
· if you are involved in an ongoing legal dispute with TruSelf;
· if you have previously breached the conditions or terms of the Terms of Use, including these Terms of Sale; or
· due to an Event Outside Our Control (see below).
9. RETURNS AND REFUND POLICY. Unless we have stated otherwise, you have thirty (30) days from the date the Product was purchased in Store or, if delivered, from the date you receive your Order to return such Product to us. You are legally obligated to take reasonable care of the Products while they are in your possession. All returned Products must be unworn and unwashed with hang tags still attached, accompanied by proof of purchase at the time of return. If you are unable to provide a proof of purchase, we may request that additional information, such as photo ID, be provided for verification purposes. All Products are subject to inspection. You will receive a full refund of the price you paid for the Product, less any applicable expedited shipping charges or Delivery Fee, which are non-refundable. TruSelf will process the refund as soon as possible, and in any event, within thirty (30) calendar days of the date you gave us notice of the return. If the Products were delivered to you, you must return the Products as soon as reasonably practicable. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. You may also return Products to TruSelf Sporting Club. Refunds will be issued via the Payment Method of your Order or on a TruSelf Gift Card.
Without prejudice to any Consumer Rights, Products excluded from our Returns and Refund Policy are headwear, Products from “Sale”, and Gift Cards.
11. EVENTS OUTSIDE OUR CONTROL. TruSelf is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control, and particularly includes the following, without limitation: (a) strikes, lockouts, or other industrial action; (b) civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemic or epidemic. TruSelf’s performance under any contract is deemed to be suspended for that period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will make reasonable efforts to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
12. DISPUTES AND LIMITATION OF LIABILITY
In addition to Section 14 (Limitation of Liability) of the General Terms of Use incorporated herein, these Terms include the entire scope of our AGREEMENT AND UNDERSTANDING CONCERNING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS OR USE OF TRUSELF AND THE PLATFORM. TO THE EXTENT PERMISSIBLE BY LAW, the maximum aggregate liability of either party to the other on all claims under these terms for any Order, Service, or claim that arise or relate to these, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, IS LIMITED TO THE AMOUNT PAID TO TRUSELF FOR THE PRODUCT(S) PURCHASED IN THE RELATED TRANSACTION. In no event shall the maximum aggregate liability exceed one hundred percent (100%) of the price paid for the Product(s) in your order. Nothing in these Terms of Sales limits or excludes our liability for any liability that cannot be limited or excluded by law. IF THESE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF TRUSELF TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR A MAXIMUM AMOUNT OF USD $100.00. Some of the above exclusions and limitations do not apply in certain jurisdictions in the United States under applicable consumer protection laws.
Any dispute relating in any way to these Terms of Sale and purchases from the Stores or the Platform, and the use thereof, will be resolved per Section 15 “Arbitration” in the General Terms of Use. THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE TRUSELF TERMS OF USE FOR FURTHER INFORMATION.
13. THIRD-PARTY RIGHTS. This contract is between TruSelf and you. No other person shall have any right to enforce any terms herein.
14. WAIVER. If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any later default.
15. MISCELLANEOUS. If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. TruSelf’s performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale, the Privacy Policy, Cookie Policy, or Terms of Use is in derogation of TruSelf’s right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by TruSelf with respect to such use.
16. LANGUAGE. English shall exclusively be the official language of these Terms of Sale and any communications, agreements, and proceedings between us. Both parties waive any rights we may have under any other law to have the Terms of Sale written in another language. Any translation of these Terms of Sale will be for convenience only.
17. ENTIRE AGREEMENT. These Terms of Sale, the Terms of Use, Privacy Policy, and Cookie Policy, as applicable, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TruSelf with respect to the Platform.
19. REVISIONS TO THESE TERMS OF SALE. We may revise these Terms of Sale from time to time. Every time you place an Order, the Terms of Sale in force at that time will apply to your Order. Whenever we revise these Terms of Sale, we will notify you of material amendments and indicate the most recent date of updates at the top of the Terms page.
20. GOVERNING LAW AND JURISDICTION. These Terms of Sale shall be governed by, construed, and enforced in accordance with the law of the State of California, and any applicable local laws therein, without giving effect to any conflict of law provisions.
C. GIFT CARDS TERMS AND CONDITIONS
These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all TruSelf physical and electronic Gift Cards (“eGift Cards”), including all TruSelf trade-in, credit, or promotional physical and eGift Cards (each considered a Gift Card) purchased, used, loaded, obtained, or otherwise redeemed (collectively, “Used”) by you.
By Using a Gift Card, you agree to be bound by the Terms, which include these Gift Card Terms, the broader TruSelf Terms of Use, Terms of Sale, as applicable, and the terms and conditions of TruSelf’s third-party Gift Card providers (as detailed below). To the extent there are conflicts between these Gift Card Terms and the broader TruSelf Terms of Use or the Terms of Sale, as applicable, these Gift Card Terms will control with respect to the use, purchase, and redemption of Gift Cards. You agree and acknowledge that TruSelf may process your personal information in connection with your Use of Gift Cards in accordance with our Privacy Policy.
In these Gift Card Terms, “you” and “your” specifically means the cardholder who Uses a Gift Card. “Online” means on the Platform.
For balance inquiries, please ask an educator in-Store to check your balance or visit our Gift Cards page on our Site.
1. PURCHASING
Gift Cards are available for purchase on site at TruSelf Sporting Club or Online.
Gift Cards have no value until activated. TruSelf reserves the right to suspend or delay activation until payment has been cleared.
It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.
Gift Cards are only valid if purchased from TruSelf or Online distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers.
2. REDEMPTION
Gift Cards can only be redeemed in Stores and Online. Gift Cards cannot be used at other retailers (shop-in-shops), such as Harrods or Brown Thomas, or franchises or with our wholesale partners (for example, fitness studios).
If you are purchasing a Gift Card from an authorized third-party retailer, redemption may be restricted to Stores and the Site in that country of purchase. It is your responsibility to review any additional terms and conditions at the time of purchase.
When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Gift Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Gift Card to make any purchase or otherwise pay any difference between the available funds and the purchase amount using an acceptable Payment Method.
You do not have the authority to halt a purchase initiated with your Gift Card, and you are liable for any such transaction. TruSelf reserves the right to refuse a Gift Card or limit its use if TruSelfhas reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.
Restrictions:
· No more than one Gift Card can be redeemed at a time.
· Gift Cards cannot be used to purchase certain ineligible goods and services (e.g., Peloton products or subscriptions). To pay for an order that includes any ineligible items, you may need to provide a credit card, debit card, or another valid payment method. Eligible goods and services are subject to change at our discretion.
· Gift Cards cannot be transferred to another account.
3. RETURNS
Subject to the Returns Policy, all returns for purchases made with a TruSelf Gift Card will be refunded by crediting a Gift Card or issuing a new Gift Card in the amount originally applied to the returned item. If multiple Payment Methods were used for the purchase, the portion paid for with a TruSelf Gift Card will be refunded accordingly.
4. RISK OF LOSS
The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon TruSelf’s electronic transmission of the Gift Card to the purchaser or designated recipient, or TruSelf’s delivery to the carrier, whichever is applicable.
You are responsible for safeguarding your Gift Card from unauthorized use. TruSelf is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is Used without your permission. TruSelf will not replace or replenish Gift Cards that are lost, stolen, or Used without authorization.
Beware of gift card scams.
5. EXPIRATION OF GIFT CARDS.
Gift Cards issued in the United States never expire or accrue fees.
6. VIOLATION OF THESE TERMS; SUSPENSION; FRAUD
By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to TruSelf, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, Orders, and purchases.
We reserve the right, without prior notice, at any time and in our sole discretion, to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) and not provide a refund; (iii) cancel or limit Orders and fulfillment (including Orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to, (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.
7. COMPLIANCE WITH LAWS
Your Use of a Gift Card certifies and represents to TruSelf that the activities in which the Gift Card will be used will comply with the Terms and all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify TruSelf and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release TruSelf from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.
8. NO PROMOTIONAL USE OR AFFILIATION WITH TRUSELF
Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including, without limitation, via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
It is strictly prohibited to use TruSelf’s name, logo, trade dress (including any image/likeness of the Gift Cards), or other intellectual property, including, without limitation, copyright, in connection with Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with TruSelf or any of its subsidiaries or affiliates.
9. LIMITATION OF LIABILITY
TRUSELF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
10. DISPUTES
Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with Section 15 “Arbitration” in the General Terms of Use.
NOTE, THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE TRUSELF TERMS OF USE FOR FURTHER INFORMATION.
11. GENERAL
i. Governing Law
When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of California and the federal laws of the United States, without regard to principles of conflict of laws, will govern these Gift Card Terms.
ii. Third-Party Gift Card Providers
TruSelf utilizes third-party providers to issue, administer, and provide Gifts Cards to you. TruSelf may terminate or modify the relationships with such providers without notice to you. No unlicensed vendor may resell a Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.
D. MOBILE APPS END USER TERMS
DOWNLOADING, INSTALLING, OR USING THE TRUSELF APP CONSTITUTES ACCEPTANCE OF THESE MOBILE APPS END USER TERMS (the “EULA”), INCLUDING ANY REVISIONS BY TRUSELF FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND TRUSELF GOVERNING THE USE OF THE APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD UNINSTALL THE APP FROM YOUR DEVICE
IMMEDIATELY. To the extent there are conflicts between this EULA and the broader TruSelf Terms of Use or the Terms of Sale, as applicable, this EULA will control with respect to the use of and access to the App.
1. GOVERNING TERMS FOR THE APPS
This EULA supplements and incorporates (i) the Apple, Inc. terms and conditions (located at www.apple.com/legal/itunes/us/terms.html#service), including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (ii) other TruSelf policies (“TruSelf Policies”), including the Terms of Use posted on the Sites. If any of the provisions of the Apple Terms or any applicable TruSelf Policies conflict with this EULA, this EULA will control, solely to the extent such terms apply to the App.
Notwithstanding the foregoing, this EULA is executed between you and TruSelf and not between you and any other party, including Apple for iOS users . TruSelf is not responsible for any applicable third-party agreement between you and any third-party, including your wireless provider.
2. LICENSE TO THE APP
Subject to this EULA, TruSelf grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and non-commercial use on your supported Device. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or the Content contained therein is prohibited. This EULA and associated license also govern any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
3. USER INFORMATION AND THE APP
You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. NO INCLUDED MAINTENANCE, SUPPORT OR WARRANTY.
TruSelf may deploy changes, updates, or enhancements to the Apps at any time. You acknowledge that neither Apple (for iOS App) nor Google (for the previously available Android App) has an obligation to furnish any maintenance or support services in connection with the App.
YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTSHEET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The App is only available for supported Devices and might not work on every Device. Determining whether your Device is a supported or compatible Device for use of the App is solely your responsibility, and downloading the App is done at your own risk. TruSelf does not represent or warrant that the App and your device are compatible or that the App will work on your device.
TruSelf is not responsible for unauthorized use of your Device, including mobile payments made where the Device may have been lost or stolen even when you have notified TruSelf about the Device being lost or stolen.
5. CARRIER CHARGES
You hereby agree and acknowledge that your use of the App may involve data charges which are your responsibility as between you and your wireless service provider.
7. PRIVACY OF YOUR INFORMATION
Some functionality of the App, including location-based services and functionality, may require the transmission of personal information provided by the you, including your name and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), GPS Location (“Your Information”). If you choose to use such functionality, you consent to the collection by TruSelf of Your Information and to the transmission of Your Information to TruSelf and, its agents and/or service providers and authorizes TruSelf, its agents and/or service providers to record, process and store Your Information as necessary for the App functionality and for purposes described in the TruSelf Privacy Policy.
You are solely responsible for maintaining the confidentiality and security of Your Information transmitted from or stored on a Device for purposes of the App. You agree to immediately notify TruSelf of any breach of security. TruSelf shall not be responsible for any losses arising out of the loss or theft of Your Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the App, unless such unauthorized or fraudulent transactions arises from TruSelf’s breach of its obligations under the Privacy Policy, this EULA and the TruSelf Policies, its negligence or willful misconduct.
For further information concerning how we collect, use and disclose information pertaining to the App, see the TruSelf Privacy Policy.
8. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By downloading the App, you authorize TruSelf to send you (including via push notifications) information regarding the services and products made available through the App. You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through your Device’s notification settings.
9. ACCEPTABLE USE, REVIEWS AND OTHER USER SUBMITTED CONTENT
Your use of the App and any Content contained therein and Your Information transmitted in connection with the App is limited to the contemplated functionality. You agree that your use of the App and any Content must comply with this EULA, including as applicable, Apple Terms and the TruSelf Policies.
10. SUSPENSION AND TERMINATION OF THE APPS
TruSelf reserves the right to suspend or terminate your access to the App at any time, including by means of no longer supporting or maintaining an App. You understand that if your account is suspended or terminated, you may no longer have access to the App.
11. INTELLECTUAL PROPERTY RIGHTS.
In the event of a third-party claim that the App, or your possession and use of the App, infringes such third party’s intellectual property rights, TruSelf will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Notwithstanding the foregoing, the App may utilize copyrighted materials, in particular open-source software, to make the App available to you. In such cases, the applicable copyright holder continues to own and determine how such software is further distributed.
12. THIRD PARTY BENEFICIARY
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
13. PRICING AND QUANTITIES
The App provides pricing for services that are carried by TruSelf both on location and online. The pricing shown to you through use of the App may only be good for purchases made online or through the App and may differ from in-store pricing.
Price and availability information is subject to change without notice. While TruSelf takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed, TruSelf will correct it as soon as possible and notify customers and/or members who are affected.
QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: contact@truselfsportingclub.com or by writing to us at:
TruSelf Sporting Club 5125 Waring Road San Diego CA 92120.
