Last Modified: January 4, 2021
BY ACCESSING OUR SITE, PLACING AN ORDER FOR PRODUCTS FROM OUR SITE, OR PARTICIPATING IN A PRODUCT SUBSCRIPTION, YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRUENOSE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY. PLEASE SEE SECTION 11 (GOVERNING LAW; ARBITRATION), FOR MORE INFORMATION.
Changes to These Terms. We reserve the right to amend these Terms from time to time without prior notice to you. All changes are effective immediately when we post them, and your continued use of the Site after we post revised Terms constitutes your acceptance of and agreement to such changes. You should review these Terms each time you use our Site. In the event that we make material changes to these Terms, we will let you know by posting a prominent notice on the Site, by sending you an email, or other similar method of contacting you.
Location. This Site is intended for use only by persons who are thirteen years of age or older and located in the United States. Access to our Site may not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.
Accounts. You may have the option to create an account to facilitate your use of our Site. Your account is personal to you, and if you choose, or are provided with, a username, password, or other credentials to create an account, you must treat such information as confidential and must not disclose it to others. You are responsible for all activity that occurs through your account. You agree to notify us immediately of any breach of security or unauthorized access to or use of your account. All the information you provide on the Site must be correct, current, and complete.
Changes to the Site. We reserve the right to withdraw or amend this Site, and any service, product, or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Site Content and Features
Content. The Site and its entire contents, features, and functionality, including but not limited to all information, text, software, photos, product designs, icons, navigational buttons, images, artwork, graphics, video, audio, and other content and materials, and the selection and arrangement thereof, including the so called “look and feel” of the Site (collectively, “Content”), is owned by Truenose or its licensors and is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
Use of the Site and Content. Our Site and the Content are intended solely for your personal, noncommercial use. Any use other than as permitted by these Terms is prohibited. You shall not: (i) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of Content, Site, or related software; (ii) use any data mining, robots or similar data gathering or extraction methods; (iii) manipulate, duplicate or otherwise display the Site or Content by using framing or similar navigational technology; (iv) change or delete any proprietary notices from materials downloaded from the Site or Content; or (v) upload onto the Site or otherwise transmit to or through the Site, any materials, content or images that may cause any harm to any person or that are illegal or otherwise unlawful, including any Trojans, viruses, malware, or other harmful code. You may download or electronically copy and print, or forward via email, Content displayed on our Site for your personal, noncommercial use, but doing so does not transfer any right, title or interest in those materials to you. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the Content contained on the Site.
Trademarks. Truenose and its affiliates are the sole owners of the Trunose family of trade names, trademarks, logos, service marks, and other marks of indicia, including TRUENOSE. All trademarks and service marks used on the Site not owned by Truenose are the property of their respective owners. Nothing on the Site or in these Terms should be construed as granting any right or license to use any trade names, trademarks, or service marks without express prior written consent of the owner.
Third-Party Content and Links. The Site may include content or links to other sites, services, or content provided by third parties, including advertisements and sponsored links or materials provided by other users. All third-party sites, statements or opinions, and other content, other than the Content provided by Truenose, is provided solely for your convenience. We are not responsible or liable to you or any third party, for the content or accuracy of materials, sites, or other resources provided by any third parties, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third‑party content or websites through the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites and materials.
Interactive Features. The Site may allow you to use community discussion or review boards or other message or communication features (collectively “Interactive Features”) designed to enable users to communicate with us or to allow users to post, submit, publish, display, or transmit to other users or other persons certain content or materials (collectively, “User Contributions”). We may work with third parties or use third-party services to facilitate the submission and collection of User Contributions. All User Contributions must comply with these Terms and will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or through one of our third-party service providers, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, publicly display, sell, license, permit others to use, and otherwise exploit (including for profit) any and all of your User Contributions, and all intellectual property moral rights therein (including any name, username, likeness, voice, or photograph provided therein or in connection with your User Contributions), in whole or in part, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without compensation or attribution to you. You hereby represent, warrant and covenant that (i) you own or control all necessary rights in and to the User Contributions that you provide in order to grant the rights and licenses specified herein; (ii) any User Contributions that you provide do not and will not infringe or misappropriate the intellectual property, privacy, publicity, moral rights, or other rights of any other person or entity; and (iii) all of User Contributions that you provide do and will comply with these Terms, including the User Contribution standards set forth below. You are responsible for all User Contributions you submit or contribute, including their legality, reliability, accuracy, and appropriateness. You hereby waive all moral rights in any User Contributions in favor of Truenose. Truenose may, or may decline to, use, post, distribute, critique, quote from, respond to, characterize, refer to, remove or refuse to post your User Contributions or any portion thereof in whole or in part, at Truenose’s option and in Truenose’s sole discretion.
Monitoring and Removing User Contributions. Truenose has the right, but not the obligation, to monitor the Site or Interactive Features. We have the right to review, edit, or remove content, materials, or links provided by you or third parties through the Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe another user’s User Contributions, content, or materials on the Site infringe your copyright rights, please contact Truenose at firstname.lastname@example.org and provide (i) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information provided in your notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. After receiving a notification of claimed infringement that meets the foregoing requirements, we will process and investigate the claim and, if appropriate, we will act expeditiously to remove or disable access to material claimed to be infringing. We may notify the uploading user that the material has been removed or disabled at your request. This notification process does not limit our ability to exercise any other rights or to pursue any other remedies that we may have to address claims of infringement.
Ordering and Delivery
Placing an Order. Only persons over eighteen years of age may place an order. You represent and warrant that you are buying products or services from the Site for personal or household use only, and not for commercial, self-employed activity, resale or export. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Order Acceptance. Each order you submit constitutes an offer to purchase merchandise. Orders are subject to our acceptance in our sole discretion. Shortly after your order has been confirmed on the Site, you will receive an order confirmation email with the details of your order. This email confirmation indicates that your order has been received but does not constitute acceptance of your order. We will indicate our acceptance by dispatching the ordered product to you. In many cases, you can check the status of your order at any time by signing into your account or checking the applicable order status link provided to you, if any. If for any reason we are unable to fulfill your order, we will let you know at our earliest opportunity. We will refund processed payments for orders we are unable to fulfill using the payment method that you chose.
Shipping and Delivery. You are responsible for the cost of all shipping unless otherwise indicated by Truenose. All posted delivery times are approximations and actual delivery times may vary. We are not responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason, and we are not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from a delay or failure in product delivery. If shipments are returned to us, we will attempt to contact you to arrange for redelivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, we do not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. We are not responsible for product damage during transit. In the event of that visible damage occurs in transit, please report it directly to the carrier that delivered the parcel to you.
Order Limitations. We reserve the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.
Subscriptions. Truenose may offer you the opportunity to purchase recurring product subscriptions (“Product Subscriptions”) where products will be delivered to you periodically, at the frequency specified when you elect to purchase a subscription. Product Subscriptions require an initial one-time payment, followed by recurring payments thereafter at the then-current Product Subscription rate. BY PURCHASING A PRODUCT SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT (i) TRUENOSE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (ii) YOUR PRODUCT SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR PRODUCT SUBSCRIPTION. All recurring payments are fully earned upon payment. Product Subscriptions are automatically renewed until they are canceled. You may cancel your Product Subscriptions at any time by emailing us at email@example.com before your subscription renewal date. Truenose reserves the right to change, discontinue, or revoke Product Subscriptions in our discretion, any time, with or without notice. Your continued participation in a Product Subscription constitutes your acceptance of these Terms, as amended from time to time, including the automatic renewal provisions above.
Prices. All prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed or at the time your Product Subscription recurring payment is made.
Taxes. Posted prices do not include taxes or charges for shipping and handling, and such charges will be added to your merchandise total and itemized in your order confirmation. You are responsible for any taxes that may be applicable to your transactions.
Making Payment. If you wish to purchase any products or services through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SITE. You further represent and warrant that (i) the credit card or other payment information that you provide is accurate and complete, (ii) charges incurred by you will be honored by your credit card company or other payment institution, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable taxes.
Third-Party Payment and Order Processing. You acknowledge and agree that we may use third party service providers, such as third-party payment processors or third-party shipping carriers, in order to process your payment information and fulfill your order. By submitting such information, you grant to Frontman the right to provide your order information, including if necessary your payment information, to third parties for purposes of facilitating the completion of any order or other transaction initiated by you or on your behalf. Such parties may provide you with additional terms and conditions that may apply to your payment or the fulfillment of your order.
Validation. Payment is subject to validation and authorization by both the card issuer/credit company or payment processor and Frontman to maintain security and to prevent fraud. Payment information is sent through encrypted servers.
Product Information and Results; Cancellation
Descriptions. We strive to be very thorough in our product descriptions, images, and colors, but errors may occur. We reserve the right to correct errors at any time and to cancel orders resulting from errors. We cannot guarantee that product colors are reproduced completely accurately, and how you see the colors depends on your device, internet browsers, and the settings you use. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience only. The inclusion of any products or services on the Site does not guarantee that these products or services will be available.
Results. The results of our products and services may vary, and we do not guarantee any particular results or experience with the use of our products and services. We are not responsible for modifications to our products, failure to follow product instructions, or combination or use of our products with any products or materials not provided or authorized in writing by us.
Cancellation. Once an order is placed on the Site, you may cancel it any time before such order is shipped. In the case of a Product Subscription, you may cancel your Product Subscription in accordance with Section 3(e), above. Once an order has shipped, it cannot be canceled. All sales are final and may not be returned.
Your Indemnification Obligation. You agree to defend, indemnify and hold Frontman, its affiliates, and its and their officers, directors, employees, agents, representatives, service providers, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys’ fees, arising from or related to your use of the Site, your breach or alleged breach of these Terms, your unauthorized use of the Content, or your violation of any applicable laws or the rights of any other person or entity.
Our Right to Defend and Control. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Limitation of Liability; Disclaimer of Warranties
Limitation of Liability; Disclaimer of Certain Damages. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our gross negligence or willful misconduct. EXCEPT AS STATED IN THE PRECEDING SENTENCE, (i) IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRUENOSE AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE; AND (ii) TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRUENOSE, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF TRUENOSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, UNDER ANY LEGAL THEORY.
Warranty Disclaimer. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TRUENOSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER TRUENOSE NOR ANY PERSON ASSOCIATED WITH TRUENOSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TRUENOSE NOR ANYONE ASSOCIATED WITH TRUENOSE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TRUENOSE RELIES ON ITS PRODUCT MANUFACTURERS OR SUPPLIERS FOR ACCURATE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE.
Technology Risk. You understand that we cannot and do not guarantee or warrant that files or content available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our Site for reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
No Limitation Contrary to Law. The foregoing does not affect any warranties or liability that cannot be excluded or limited under applicable law.
Term and Termination; Survival
Termination. These Terms are effective unless and until terminated by either party. Truenose may terminate these Terms at any time, without notice, for any reason. Upon termination of these Terms by either you or Truenose, Truenose may deny you access to the Site, and you must promptly destroy all materials downloaded from the Site, as well as copies of such materials. Termination will not limit any of Truenose’s rights or remedies at law or in equity.
Survival. Section 1 (General), Section 2 (Site Content and Features), Section 7 (Indemnification), Section 8 (Limitation of Liability; Disclaimer of Warranties), Section 9(b) (Survival), Section 10 (Compliance with Law; Right to Provide Data), Section 11 (Governing Law; Arbitration), and Section 12 (Miscellaneous) shall survive any termination or expiration of these Terms.
Compliance with Law; Right to Provide Data
Compliance with Law. You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the internet, data, email, privacy and the transmission or exporting of data from or to the United States or the country in which you reside.
Right to Provide Data. You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Site. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under you control or in your possession.
Governing Law; Arbitration
Governing Law; Time Limit for Claims. All matters relating to the Site and these Terms, 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 laws of Missouri. The Federal Arbitration Act and federal arbitration law apply to these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Section 11 and the American Arbitration Association Consumer Arbitration Rules then in effect (“Rules”) by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. You may review the American Arbitration Association Consumer Arbitration Rules online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. The arbitrator, Truenose, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. You acknowledge that there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon your or our request that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the Rules or by the arbitrator. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis. You acknowledge and agree that (i) class arbitrations and class actions are not permitted, and (ii) you are giving up the ability to participate in a class action. In any case in which (A) a dispute is filed as a class, collective, or representative action, and (B) there is a final judicial determination that all or part of this class action waiver is unenforceable, then the class, collective, or representative action, to that extent, must be litigated in a civil court of competent jurisdiction pursuant to these Terms, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
Infringement Exception. Notwithstanding the foregoing, both you and Truenose have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Venue; Waiver of Jury Trial. In any circumstances where the foregoing arbitrations provisions are deemed unenforceable are inapplicable (such as when you opt out of binding arbitration, pursuant to Section 11(f), below), then disputes or claims arising out of or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the appropriate courts located in the state of Missouri. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY: (i) SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS; (ii) WAIVES ANY OBJECTION TO SUCH COURTS BASED ON VENUE OR INCONVENIENCE; AND (iii) WAIVES ANY RIGHT TO TRIAL BY JURY.
Arbitration Opt-Out. You may opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and must clearly indicate your desire to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11(e).
Additional Terms and Conditions. You acknowledge that additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Site or services, including membership reward programs (“Additional Terms”) that are made available to you when you purchase or participate in such products, services, or use. If there is a conflict between these Terms and any Additional Terms, these Terms shall control with regard to their subject matter unless otherwise explicitly stated in the applicable Additional Terms.
Force Majeure. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event that is beyond our reasonable control. Such events include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, riots, lockouts, terrorist attacks, pandemics, epidemics, quarantines, or industrial action affecting us or our suppliers.
Assignment. You will not assign any of your rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void. Truenose may assign its rights and duties under these Terms to any party at any time without notice to you.
Notice to You. We may provide notice to you under these Terms by posting the notice to our Site or by email to the email address that you provide. It is your responsibility to keep your email address current.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the indemnified parties in Section 7.
Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the other provisions of these Terms shall continue to apply in full force and effect.
Interpretation. All headings are for convenience only and shall not affect the interpretation or construction of these Terms. The words “including,” “included” and “includes” mean inclusion without limitation, and the word “or” is not exclusive. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
If you have any questions about these Terms, please feel free to reach out to us at email@example.com.