This is a binding agreement ("Agreement") between True Fit Corporation ("True Fit") and each person who uses this web service ("You" or "Your"). This Agreement governs Your use of this web service (the "Site"), including, without limitation, all content such as text, information, news, images, contracts, software and other downloadable material (collectively, the "Materials") and all services (the "Services") made available to You through this Site by True FitTM and/or third parties. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1. OWNERSHIP OF MATERIALS: All Materials and Services on this Site are provided by True FitTM unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of True FitTM. True FitTM retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without True Fit's prior written permission.
The "True Fit", "My True Fit", "TRUED", "GET TRUED", "BE TRUE. SHARE TRUE." and "FIND YOUR TRUE FIT" trademarks, service marks, and respective logos are the property of True FitTM. All other names and trademarks and logos of are the property of their respective holders and are displayed for survey purposes only. There is no direct affiliation between True Fit and the respective holders of such 3rd party trademarks and logos. True Fit Corporation is the owner of US Patent No. 6,665,577. True Fit Corporation has also filed other intellectual property with the USPTO, and may also possess technology, methods, or processes which are considered trade secrets propriety to True Fit Corporation.
2. SINGLE COPY LICENSE: You may download one copy of the Materials found on the Site for use with the Services. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or Services or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials or Services; (c) remove any copyright or other proprietary notices from the Materials or Services; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials or Services.
3. SECURITY: Certain pages on this Site may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the Site with your e-mail address or any passwords and codes (collectively, "IDs") assigned to or selected by you, including uses by a third person you permit or authorize to use your IDs. You agree to immediately notify True FitTM of any unauthorized use of Your IDs.
4. CONDITIONS OF SALE , PAYMENT TERMS AND TAXES: To purchase any Materials or Services on this Site, You must be at least eighteen (18) years of age or the applicable state age of majority. True FitTM assist does assist in selling products for children, but it sells them to adults, who can purchase with a credit card. If You are under 18 or the applicable state age of majority, You may use this Site only with involvement of a parent or guardian. Prior to the purchase of any goods or services on this Site, You must provide us with payment in one of the forms specified on the Site. Your are responsible for paying any governmental taxes imposed on Your purchases including, but not limited to, sales, use or value-added taxes. True Fit shall automatically charge and withhold the applicable sales tax for orders to be delivered to localities that it deems is required.
5. GENERAL DISCLAIMERS: THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL TRUE FIT, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY TRUE FIT OR TRUE FIT'S CONTENT PROVIDERS.) THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER TRUE FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUE FIT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to You. True FitTM may make changes to the Materials or Services, or to the products described therein, at any time without notice. True FitTM makes no commitment to update the Materials or Services. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. True FitTM may remove any Materials or Services from this Site at any time.
6. INDEMNITY: You agree to defend, indemnify and hold True Fit, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including True Fit's reasonable attorneys' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials or the Services, or (3) the unauthorized or unlawful use of the Site by any other person using Your IDs.
7. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TRUE FIT SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND TRUE FIT AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID TRUE FIT DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND TRUE FIT AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TRUE FIT. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TRUE FIT WOULD NOT PROVIDE THE SITE TO YOU.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. True Fit hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by True Fit in its sole discretion and without further notice.
9. COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, True Fit will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, True Fit, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site.
10. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of True Fit and True Fit is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. True Fit reserves the right to terminate any link or linking program at any time. True Fit has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and True Fit shall not be responsible for notification of any change in name or location of any information on the Site.
11. APPLICABLE LAWS: This Site is controlled by True Fit from its offices within the Commonwealth of Massachusetts . True Fit makes no representation that Materials or Services in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
12. DISPUTE RESOLUTION: Any dispute between True Fit and You arising out of this Agreement shall be resolved first by direct communication with one or more of True Fit's customer service representatives. Should True Fit and You be unable to resolve the dispute by communication, either True Fit or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of True Fit's headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
14. TERMINATION: Your right to access and use the Site, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. True Fit may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18 and 21 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. True Fit reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
15. ASSIGNMENT: True Fit may assign this Agreement, in whole or in part, in its sole discretion.
16. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
17. NOTICE: True Fit may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.truefit.com or by written communication delivered by first class mail to Your address on record in True Fit's account information. You may give notice to True Fit at any time via letter delivered by first class postage prepaid mail or overnight courier to the following address:
True Fit Corporation
Attn: Customer Service Department
800 West Cummings Park, suite # 6400
Woburn, MA 01801
If You object to any material found on this Site, please bring Your concerns to the attention of the Customer Service Department at the address above.
18. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
19. INVALIDITY: If any provision of this Agreement shall be determined to be unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.
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