Website Terms of Use

Last Updated: August 01, 2022

S2B Inc. DBA True Mods (“Company” or “we”, “us”, or “our”), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITE, ACCESSIBLE VIA WWW.TRUEMODS.COM AND ITS SUBDOMAINS (COLLECTIVELY, THE “SITES”), AND ANY APPLICABLE APPLICATIONS (HEREINAFTER REFERRED TO AS THE “APPS”), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE “TERMS OF USE”) (TOGETHER WITH OUR PRIVACY POLICY AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES 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.

1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND THE COMPANY’S PRIVACY POLICY (THE “PRIVACY POLICY”) CAREFULLY. BY USING THE SITES AND APPS, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITES IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE COMAPNY CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the Sites. Notwithstanding anything else to the contrary contained in these Terms of Use, the Company’s use of any personally identifiable information (name, etc.) you provide via the Sites shall be governed by our Privacy Policy. For further information regarding the Company’s protection 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 the Company has made, as they are binding on you.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions or Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites.

Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you.

3. Use and Restrictions.

The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

The Sites and Apps are provided solely as a convenience to you for personal use (not for profit or resale). You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that the Company, 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 Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) 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 Sites or Apps; (h) use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without the Company’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without the Company’s express written consent.

Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting the Company’s products available within the European Union (excluding the UK), Norway and Switzerland.

4. Copyright.

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of the Company 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 of Use or with the Company’s express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, the Company 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 the Company’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps, Sites and no 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 the Company’s express prior written consent.

If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at the Company’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. The Company’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.

5. Trademark.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites and Apps are proprietary to the Company or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of the Company, 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 the Company or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

6. Copyright and Trademark Infringements.

Notification:

The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps 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 Sites or Apps, please provide the Company’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 at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit the Company to locate the material.
• Information reasonably sufficient to permit the Company 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.
• 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.

The Company’s agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:

By email: [email protected]

By mail:

S2B Inc.
9866 7th Street, Unit 110
Rancho Cucamonga, CA 91730

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.

7. Your Account.

The Company allows users of the Sites and Apps to create an account to track their orders and receive other benefits. If you purchase products or services through your Company account using the Sites and Apps, you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer 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 Sites and Apps that occur under your account or your account password.

You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security by at [email protected]. We have the right to disable any account or password at any time, for any reason. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You acknowledge and agree that the Company may, 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 Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if the Company is required to do so by law or legal process or if the Company determines, in its sole discretion, that such action is necessary to protect the rights of the Company, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service. The Company’s right to disclose any such information shall govern over any terms of our Privacy Policy.

8. Terms of Sale.

All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps (the “Terms of Sale”). You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in the Company’s sole discretion so you should review the Terms of Sale each time you make a purchase.

9. Electronic Communications.

You consent to receive electronic communications from the Company either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.

You agree that the Company may use and/or disclose information consistent with its Privacy Policy.

10. User Conduct and Submissions.

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, 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 Sites and Apps (each a “Submission”) and through the services available in connection with the Sites and Apps, and that you, and not the Company, have full responsibility for each such 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 the Company. You represent that the posting and use of your Submission on or through the Sites or Apps 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; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use 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 Sites and Apps is provided on a non-proprietary and non-confidential basis.

You agree that the Company is free to use a Submission for the purpose of providing you and others with use of the Sites and Apps and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to the Company under these Terms of Use, you grant the Company 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 cause such other person to grant to the Company 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 the Company products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and the Company 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 OF USE, 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 Sites and Apps or otherwise have the right to grant the Licenses to the Company set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, Apps 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 Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:

• use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by the Company;
• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content;
• take any action that imposes or may impose (in the Company’s sole discretion) an unreasonably or disproportionately large load on the Company’s infrastructure;
• attempt to gain unauthorized access to the Company’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 the Company’s servers or networks;
• fail to comply with 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 such solicitation;
• use any robot, spider, scraper or other automated means to access the Sites or Apps; or
• alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) 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 the Company determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.

The Company 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, The Company 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 the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.

The Company prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps 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 the Company’s express consent).

It is the Company’s policy not to 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, the Company does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that the Company 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.

11. Modifications.

Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, the Company 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 Sites and Apps, at any time and from time to time.

12. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents (each an “Indemnified Party”) against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (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; (v) any misrepresentation made by you; or (vi) your purchase of products through the Sites or Apps (all, “Claims”). This means that you will be responsible for any losses or damages we suffer as a result of your breach of these Terms of Use.

A Claim subject to your duties under this section shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from your use of the Sites or Apps, or your marketing or resale of any product purchased from us.  In the event of any Claim, the Indemnified Party shall provide you with prompt written notice of such a Claim, and will cooperate with you on reasonable terms and conditions in your defense of any such Claim.  You shall have the right to select legal counsel to defend any Claim subject to the Indemnified Party’s right to approve such selection.  Notwithstanding the foregoing, any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim.  You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under these Terms of Use, which consent the Indemnified Parties shall not unreasonably withhold or delay.  This indemnification obligation shall survive any termination of your account through the Sites or Apps or your right to use the Sites or Apps.

13. Advertising and Links to Third Party Websites.

You acknowledge and agree that the Company may, at its sole discretion, place advertisements of, or hyperlinks to, third-party products available for sale through the Sites or Apps.  The Company does not control such advertisements or hyperlinks, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to third-party websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services 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.

The Company shall be entitled to retain all fees, if any, paid by third parties for such advertisements or hyperlinks.  The Company may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Although third-party product or service providers may be advertised or listed on the Sites and Apps or through your Company account, the Company is not responsible or liable if you link to, or click on, such sites, or purchase any products or services through such sites.  Your dealings with the operators of such third party websites are strictly between you and the company operating the site.  The Privacy Policy only governs your use of the Sites and Apps and your online account with the Company. You are strongly advised to review the terms of use agreements and privacy policies applicable to the use of any third-party sites before you interact with such sites, or provide any of your personally identifiable information to the operators of such sites. The Company expressly disclaims any liability or responsibility to you for your dealings with the operators of such sites.

THE COMPANY DOES NOT MAKE ANY GUARANTEES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE SITES OR APPS OR YOUR COMPANY ACCOUNT, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES.  IF YOU PURCHASE SUCH PRODUCTS OR SERVICES OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK.  THE COMPANY DOES NOT GUARANTEE OR WARRANT THE QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN THE COMPANY.  SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE THE COMPANY AND ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE SITES, APPS, OR COMPANY ACCOUNTS.

BY ACCESSING THE SITES OR APPS, 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 OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Linking to the Sites.

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page, www.truemods.com. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

15. Right to Change Sites.

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.

16. Viruses, Hacking and Other Offences.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

We 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 Sites or to your downloading of any material posted on it, or on any website linked to it.

17. Warranties and Disclaimer.

THE SITES, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITES AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, APPS, SUBMISSIONS, THE 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, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITES AND APPS, YOU WARRANT TO THE COMPANY THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.

IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THE COMPANY 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, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. The Company is not liable for these variants and deviations.

HOWEVER, IF AN ITEM BECOMES UNAVAILABLE FOR ANY REASON AFTER AN ORDER IS ACCEPTED, THE COMPANY MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, THE COMPANY WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE, IN THE COMPANY’S SOLE DISCRETION.

18. Limitation of Liability.

THE COMPANY AND ITS AFFILIATES, 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 SITES, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY THE COMPANY’S FRAUD OR GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE WITH THE COMPANY.

BY ACCESSING THE SITES OR APPS, 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 OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

WE UNDERSTAND THAT IN SOME JURISDICTIONS WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. ACCORDINGLY, IN RELATION TO GOODS AND SERVICES SUPPLIED BY THE COMPANY IN THOSE JURISDICTIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY FOR BREACH OF ANY CONSUMER RIGHT OR GUARANTEE, WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF THE COMPANY TO:

1. IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY THE COMPANY, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, (i) THE SUPPLY OF THE SERVICES AGAIN, OR (ii) THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND
2. IN THE CASE OF GOODS SUPPLIED OR OFFERED BY THE COMPANY, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (ii) THE REPAIR OF SUCH GOODS; (iii) THE PAYMENT OF THE COST OF THE REPLACEMENT OF THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (iv) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

You agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

19. Termination.

The Company may terminate or suspend your access to the Sites, Apps and your online Company account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Sites and Apps will immediately cease. If you wish to terminate your Company account, you may simply discontinue using the Sites and Apps.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Arbitration.

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. The arbitrator shall be chosen by the American Arbitration Association, each party shall pay for their own costs, and all arbitrations shall be held digitally (and not in-person). For the avoidance of doubt, notwithstanding the foregoing, the Terms of Sale will be subject to the arbitration provisions set forth therein.

21. Governing Law and Jurisdiction.

All matters relating to the Sites and Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Sites and Apps and these Terms of Use shall be instituted exclusively in the courts of the United States or the courts of the State of California, in each case having jurisdiction over the City of Rancho Cucamonga and County of San Bernardino, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Severability.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23. Language.

The official language of these Terms of Use exclusively shall be, and all communications and agreements between the Company and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps, exclusively shall be made in the English language. the Company and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only.

24. No Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps. The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by the Company with respect to such use.

25. Entire Agreement, Waiver, Rules of Construction, and Survival.

These Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and Apps. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.  Both parties acknowledge that the obligations and liabilities of the Parties incurred before the termination date shall survive the termination of this agreement for all purposes.

26. Miscellaneous.

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms of Use or in the performance of such obligations will place you in breach of any other contract or obligation. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind the Company in any respect whatsoever. the Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.