Tru Life reserves the right to modify this Agreement at any time for any reason without notice to any user or subscriber of the Website, and such modifications shall supersede any language of previous versions of this Agreement. We encourage you to periodically review this Agreement to educate yourself of any changes. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Website Ownership:
All parts and pages of the Website are the property of Tru Life. Any images, logos, files, software, codes, documents, forms, text, audio, video, photographs, designs, layouts, graphics, information, materials available for download, or any other matter contained within this Website (collectively, “Content”) are the property of Tru Life and may not be copied, reverse-engineered, or decompiled, in whole or in part, by anyone, except for purposes authorized by Tru Life. The Website and all of its Content is protected by the copyright and trademark laws of the United States. You may not use any Content or trademarks owned by Tru Life in any manner, nor may you link to, reference, display, distribute, publish, transmit, sell, or create derivative works from the Content without Tru Life’s express consent. You shall not take any action at any time which would diminish the ownership rights of Tru Life over the Website, Content, proprietary information, or any other matter owned by Tru Life.
2. Account Security:
You may set up an account through the Website through which you may purchase products and/or a subscription to receive delivered products periodically (“Subscriptions”). If you register for an account or Subscription through the Website, you will set up a user name and password, which are used to log into your account. You are solely responsible for maintaining the confidentiality of your username and password, and you are likewise fully responsible for all activities that occur under your account. You agree to defend, indemnify, and hold Tru Life harmless from and against all third party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Tru Life arising out of any use or access of the Website through your account, whether or not it was you accessing the Website.
3. Use of Website:
Contingent on your compliance with this Agreement, Tru Life hereby grants you a nonexclusive, personal, non-transferable, non-sub-licensable, revocable license to use the Website and its Content only for lawful purposes and those purposes authorized by Tru Life.
You agree that you will not, nor attempt to, nor induce any third party to, or attempt to: (a) remove, circumvent, disable, damage, or interfere with, in any way, the security-related features that enforce limitations on the use, functionality, and activity of the Website; (b) gain unauthorized access to any part of the Website, nor infiltrate, copy, monitor, or acquire any part of the Website or its Content through the use of any “robot”, “deep-link”, “page-scrape”, “spider”, or other automatic device, program, algorithm, software, or methodology, or by means of a comparable manual process intending the same or similar result; (c) use any device, software, or any other means to interfere with or interrupt the proper functioning of the Website, or interfere with or interrupt a third party’s use of the Website; (d) monitor or acquire the information or activities of any third parties who visit the Website or engage in unsolicited communication with any third parties who visit the Website; (e) use the Website in connection with committing, orchestrating, facilitating, soliciting, condoning, or encouraging any illegal activity, or any activity prohibited by this Agreement or by local rule or regulation; or (f) upload, store, maintain, display, or transmit any material that is unlawful, harmful, threatening, harassing, defamatory, vulgar, libelous, offensive, or otherwise objectionable as determined solely by Tru Life. This is not an exhaustive list of prohibited actions. Accordingly, any action that Tru Life deems objectionable, in its sole discretion, may be grounds for termination of this Agreement.
Website users may purchase air filters or other products (collectively, “Products”) through the Website, or purchase Subscriptions in which they will have Products delivered to their homes or other buildings. For purposes of this Agreement, use of your account or Subscription is part of the use of the Website. In order to purchase a Product or Subscription, Website users must provide their personal information, including, but not limited to, their name, address, e-mail address, phone number, and credit card information. By signing up for a Subscription, you represent that all of the information you provided to Tru Life through the Website is your accurate information, or accurate information of the person you represent. Tru Life reserves the right to cease further sales of Products and the use of the Website to any user who provides any inaccurate, false, or incomplete information in his or her account or Subscription.
4. Terms of Sale:
Tru Life sells Products from the Website to end-user consumers for personal use only. Users of the Website are not to purchase Products or Subscriptions from the Website for resale, distribution, or any other commercial purpose.
The order page will show the prices for Products and Subscriptions, as well as any shipping and handling fees that may apply. Tru Life may, at any time without prior notice, change the prices for Products and Subscriptions. Users will not receive price protection or refunds if promotions or sales cause price decreases in Products or Subscriptions that they have already purchased. Additionally, Tru Life reserves the right to modify, terminate, suspend, or refuse to honor any promotion or sale at any time without prior notice, for any reason.
If the price of a Product or service is incorrectly listed for any reason on the Website, including, but not limited to, Tru Life receiving a misquote from a supplier or a typographical error, Tru Life reserves the right to cancel or refuse to honor any orders placed for the Product listed at the incorrect price. Tru Life shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not you have been charged. If you have already been charged the incorrect purchase price and your order is canceled, Tru Life will credit your account as a means of refund in the amount of the incorrect price. Tru Life reserves the right to limit Website users and subscribers to certain quantities of Products purchased at Tru Life’s sole discretion. We do not guarantee that all Products described on the Website will be available at any given time whether or not they are indicated to be in stock.
Tru Life accepts only credit cards as the form of payment by Website users and subscribers, and all sales will be in U.S. Dollars. All payments shall be made by the purchaser and received by Tru Life prior to Tru Life shipping the Products. You agree to pay all charges and fees shown in your account on the Website, and you agree to pay any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on where your purchases will be shipped. For any taxes or fees associated with your purchase, you authorize Tru Life or a third party payment processing service provider that We may hire to charge your credit card. If you do not make payment or your credit card is unable to be charged for any reason by the time your payment is due, Tru Life reserves the right to suspend or terminate your account and/or Subscription, and terminate this Agreement.
IMPORTANT: User Subscriptions purchased through the Website will be automatically renewed at the time your Subscription interval expires, and your credit card will be charged the applicable costs, fees, and taxes for the next interval at that time. The renewal period is for the interval shown in your Subscription details. The automatic Subscription renewal will take place and payment will be charged to your credit card without further notice or authorization to you, until you provide prior notice that you no longer authorize such charges, or you wish to use a different payment method. All notices of cancellation by Website users must be received by Tru Life by the first of the month for the next scheduled shipment of Products. Cancellation requests received after the first of the month shall take effect the following month, and the Subscription and the Products and services provided thereunder shall continue until the cancellation is effective. If your payment method expires, and you have not changed your payment method to another credit card or canceled your Subscription or purchase, you authorize Tru Life to continue to bill the expired credit card on file and extend the card’s expiration date until you or your credit card company notifies Tru Life that the expired credit account is no longer valid. Refunds are not available for any unused days of the then-current Subscription term.
5. Representations and Warranties:
By using the Website and/or purchasing a Subscription, you represent and warrant that (a) you are at least 18 years of age and have the legal capacity, power, and authority to enter into a binding contract on behalf of yourself or the person or entity you represent, and (b) the personal information you have provided to Tru Life through the Website is accurate, truthful, and complete.
6. Disclaimer of Warranties:
THE WEBSITE, CONTENT, PRODUCTS, AND SUBSCRIPTIONS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. TRU LIFE DISCLAIMS ALL LIABILITY AND WARRANTIES FOR THE PRODUCTS SOLD AND SERVICES RENDERED TO CUSTOMERS AND WEBSITE USERS. THE WEBSITE AND PRODUCTS SOLD THROUGH THE WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE/NON-INFRINGEMENT, QUIET ENJOYMENT, AND QUALITY OF INFORMATION. TRU LIFE HAS NO ABILITY TO CONTROL YOUR USE OR INSTALLATION OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE AND IS NOT RESPONSIBLE FOR THE SERVICING, REPAIR, OR REPLACEMENT OF ANY PRODUCTS, EQUIPMENT, MACHINERY, OR PROPERTY THAT IS REQUIRED AS A RESULT OF USING THE WEBSITE OR PRODUCTS SOLD THROUGH THE WEBSITE.
TRU LIFE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, THAT THE WEBSITE AND ITS SERVERS ARE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL MATTER, OR THAT DEFECTS, VIRUSES, OR OTHER HARMFUL MATTER IN THE WEBSITE WILL BE CORRECTED.
TRU LIFE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE, MISINTERPRETATION, OR MISUNDERSTANDING OF, ANY INFORMATION OR CONTENT DISPLAYED ON, OR OBTAINED THROUGH, THE WEBSITE. TRU LIFE DOES NOT WARRANT THE COMPLETENESS, ACCURACY, TRUTHFULNESS, OR TIMELINESS OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE, NOR THE SECURITY OF THE WEBSITE. YOUR USE OF THE WEBSITE, CONTENT, AND ANY OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, CONTENT, AND ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.
IF APPLICABLE LAW PROHIBITS TRU LIFE FROM EXCLUDING OR LIMITING ITS WARRANTIES, REPRESENTATIONS, OR CONDITIONS, SUCH WARRANTIES, REPRESENTATIONS, OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER THE LAW.
7. Limitation of Liability:
In no event will Tru Life, its employees, officers, directors, agents, or affiliates be liable to any party for any direct, indirect, special, punitive, reliance, or other consequential damages, whether foreseeable or not, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise, resulting from any use of the Website, its Content, or any Products purchased through the Website, even if Tru Life is expressly advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website, Content, or Products offered on the Website is to stop using the Website.
If, despite the foregoing, Tru Life is found liable to you for injury relating to your use of the Website, Content, or Products purchased from the Website, your damages will be limited to the greater of (a) the price you were charged by Tru Life for the defective Products or Subscription, or (b) the sum of $100.
Links within the Website directing users outside of the Website are not under the control of Tru Life, and third-party websites are independent of Tru Life. Therefore, Tru Life is not responsible for and does not have control over the content of any linked site or any linked site contained therein. Links provided inside the Website are provided for convenience, and the inclusion of such links does not imply an endorsement by Tru Life of the external site, nor does Tru Life accept responsibility for the content of the third-party website or any injury, damages, or inconvenience caused by the third-party websites. It is up to you to take precautions to defend against any harmful material contained in the third-party websites, and you access them entirely at your own discretion and risk.
You agree to indemnify and hold harmless Tru Life and its respective officers, directors, employees, agents, affiliates, third party information providers, licensors, licensees and others involved in the Website and in Tru Life, from and against any and all claims, liabilities, expenses, damages, or costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or from your use or misuse of this Website, its Content, or Products obtained from the Website.
Tru Life reserves the right (but not the obligation) to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise at your cost, and you agree to fully cooperate with Us in, and pay for, the defense of any such claim, action, settlement, or compromise negotiations, as requested by Us.
9. Governing Law and Jurisdiction
If Tru Life does take any legal action against you as a result of your violation of this Agreement, Tru Life will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tru Life. You agree that Tru Life will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
10. General Terms
This Agreement constitutes the entire agreement between you and Tru Life regarding your use of the Website, Content, Subscription, or Products, and it supersedes any previous agreements, whether written or oral, between you and Tru Life. Tru Life will not accept any counteroffers to this Agreement, and all such offers are hereby rejected.
Tru Life may cancel a user’s Subscription or access to the Website for any reason, with or without cause, or with or without notice. Similarly, Tru Life may issue a warning, temporarily suspend, indefinitely suspend, or terminate any Website user’s right to use or access all or any part of the Website including any account or Subscription thereon, without notice, for any breach of this Agreement or for any other reason if, in Tru Life’s sole discretion, Tru Life believes that suspending such access would prevent the violation of any applicable law, rule, or regulation, prevent harm to the interests of others or their use of the Website, or prevent financial loss or legal liability to Tru Life or another user of the Website.
Tru Life shall not be held responsible for failures to fulfill any of its obligations resulting from causes beyond its control. Tru Life’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Tru Life of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Tru Life and you or any other party be deemed to modify any provision of this Agreement. If any part of this Agreement is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect.
The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement grants no rights or remedies to any third parties, except any indemnified Tru Life party shall be a third party beneficiary to this Agreement. Tru Life, in its sole discretion, has the right to assign its rights, or delegate its performance, under this Agreement to a third party. Website users may not assign or otherwise transfer their rights, nor delegate their performance, under this Agreement to any third party without Tru Life’s express prior written consent in every case. Any and all provisions of this Agreement which are irrevocable by nature shall survive termination of this agreement or termination of your use of the Website, Content, Subscriptions, or Products.