Terms

Terms of Use:

 

Our Website www.Trufacial.com is provided to you by Trufacial ("Trufacial," "we," "us" or "our").

 

To assist you in using our Website, and to explain the relationship arising from your use of our Website and the information, products, and services offered through it, we have created (i) these Terms of Use (the "Terms of Use" or "Terms"), and (ii) Privacy Policy. Our Privacy Policy explains how we treat certain information that we have about you and our Terms govern your use of our Site and participation in our Website. Our Terms apply to any visitor to the Website.  By using our Website you agree to be bound by these Terms.  Please do not use our site if you do not agree to be bound by the Terms.  

 

 1. Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By accessing and using our Website, you acknowledge and agree to be legally bound by these Terms. The Trufacial Website is provided on an as-is basis and Trufacial provides no representations or warranties as to the accuracy, completeness, or utility of any content provided on the Trufacial Website.  Any claims relating to the Trufacial Website shall be governed by the laws of Delaware.  

 

2. Obtaining a Password Use of Your Password. Customers are allowed to create an account on the Website in order to move through the online checkout process faster, store multiple shipping addresses,  and view orders. Online accounts are accessible only to Registered Users that have a username and password. If you are a Registered User and obtain a username and password, please keep in mind that we will treat anyone who uses your username and password as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. Please notify us immediately if you suspect that someone is using your username and password in an inappropriate manner.

 

3. Grant of Rights to Users. Based on your agreement to comply with these Terms, we grant you a non-exclusive license to (1) access and use all publicly available and, if expressly authorized, password-protected areas of our Website, Website Content, and Website Services in order to: (i) learn more about Trufacial and the products and services that we offer; (ii) provide information to us through our Website; and (iii) purchase Trufacial products. 

 

4. Trufacial Ownership.  All information, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Website or embodied in our products and services, including all associated intellectual property rights (collectively, the "Website Content"), is the property of Trufacial

 

5. Submitted Content. Any information, data, images, drawings, photographs, and/or other materials you transmit, submit or post (or which you transmitted, submitted or posted in the past) to the Trufacial Website (collectively, "Submitted Information") will be considered non-confidential and non-proprietary. Trufacial will have no obligations with respect to the Submitted Information, and by transmitting, submitting or posting Submitted Information to the Trufacial Website you hereby grant to Trufacial, and its subsidiaries and affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to make, sell, have made, disclose, distribute, display, perform, copy, reproduce, incorporate, prepare derivative works of, and/or otherwise use the Submitted Information for any and all commercial and non-commercial purposes, including without limitation in connection with the Trufacial Website.

By using our Website you may not and shall not:

  • Upload, email, or otherwise transmit any image or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
  • Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  • Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images and text in electronic form – can easily be copied, modified, and sent over the internet. 
  • Transmit materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
  • Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
  • Use the Website in a manner that could disable, overburden, or impair the Website or Website Services or interfere with any other party's use and enjoyment of the Website and Website Services, such as through sending "spam."
  • Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  • Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Website.
  • Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising.

7. WARRANTY DISCLAIMER.  THE CONTENT ON TRUFACIAL'S WEBSITES IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. TRUFACIAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH CONTENT AND MICRON DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH CONTENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS. FURTHER, TRUFACIAL MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH CONTENT OR ON ANY WEBSITES LINKED TO OR FROM THE TRUFACIAL WEBSITE.

 

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL TRUFACIAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES. IN NO EVENT SHALL TRUFACIAL AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES RECEIVED FROM TRUFACIAL EXCEED U.S. $250.00.

 

9. Indemnity. You agree to defend, indemnify, and hold Trufacial and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.

 

10. Monitoring Website Use. You agree that we have the right and discretion to monitor any activity and content associated with our Website, Website Content, and Website Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Website Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.

 

11. Modifications to these Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.

 

12. Use of Personal Information.  Information submitted to Trufacial through the forms located on the Trufacial Website is governed by the Privacy Policy located at www.trufacial.co,. To the extent you choose to submit personal information through the Trufacial Website, you agree to provide true, accurate, current, and complete information.

 

13. Effective Date. __June 18, 2023___.