LAST REVISED: DECEMBER 07 2018
2. OVERVIEW AND CREATING AN ACCOUNT
a. Overview. We own Trina Truk and the Mr.Turk brands and we are pleased to make our apparel, accessories and other materials ("Merchandise") available to you through our Sites and Retail Boutique Locations. You may acquire Merchandise (as a guest or through your Account), learn about the latest fashion trends, view our Blog, locate one of our Retail Boutiques; sign-up for our newsletter; learn about special promotions; and/or communicate with us through our Sites.
b. Account. To set up an Account you must: (i) be at least eighteen (18) years old; (ii) provide us with your first and last name; (iii) have a valid email address; (iv) have a valid credit card (all payments are processed by a third party payment processor who protects your personal information in accordance with the Payment Card Industry Data Security Standards which is the most stringent security standard for the credit card industry; and (v) comply with the terms set forth in the agreement. If you have a Facebook or Google profile you can use your profile log-in credentials for these Third Party Sites (defined below) to set up an Account as well. You are responsible for maintaining the confidentiality of your user name and password. You are also responsible for all activities conducted through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
3. ORDERS AND CUSTOMER CARE
a. Orders. We will send you a confirmation email confirming your order. Please note that all Merchandise purchased on Sale or at a discount are final and cannot be returned for a refund or store credit. PLEASE CAREFULLY REVIEW OUR FAQ’S, RETURN/EXCHANGE POLICY LOCATED AT HTTPS://WWW.TRINATURK.COM/RETURNS AND OUR FIT GUIDE https://www.trinaturk.com/fit-guide.html.
b. Customer Care. For general questions or problems with your order please contact our Customer Service department via email at email@example.com call us at 1.888.444.7748. Our normal business hours are Monday through Friday from 9am to 5pm PT. We are closed most major holidays.
4. LICENSE AND OUR PROPRIETARY RIGHTS
a. License. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Sites as expressly permitted by the Agreement. Except for this limited license, we do not grant you any other rights or license. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITES (IN OUR SOLE DISCRETION) IF YOU BREACH ANY PROVISION OF THIS AGREEMENT.
b. Proprietary Rights. Our Sites, Merchandise and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same ("LT2 Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF LT2 CONTENT IS PROHIBITED.
5. DISCLAIMER OF WARRANTIES
OUR SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT SITES AVAILABILITY, LT2 CONTENT, AND/OR CONTENT SUBMITTED BY OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS AND FEATURES OF THE SITES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF OUR SITES.
6. LIMITATION OF LIABILITY
YOUR USE OF OUR SITES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of this Agreement; (ii) your use or misuse of our Sites; and/or (iii) your violation of any laws or the rights of any third party.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Sites user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Sites in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Sites.
Please contact us by e-mail at firstname.lastname@example.org or by phone at 1.888.444.7748 (Monday through Friday, from 8 a.m. to 6 p.m. PDT) for assistance with our Sites.
If you have a dispute with us relating to our Sites, immediately cease all use of our Sites. Ceasing use of our Sites is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of this Agreement and/or your use of our Sites: 5; 6; 7; 9; 13; and 14.
We shall not be liable to you for any modification, suspension or discontinuance (in part or in whole) of our Sites. We reserve the right to change these Terms of Service and any other Agreement provision (in part or in whole) at any time, with or without prior notice. The date located in the "Last Revised" above indicates the effective date of these Terms of Service. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of our Sites constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
By providing your e-mail address to us or creating an Account you consent to receiving e-mails from us and from our third party providers and affiliates. These parties may send you e-mails in order to deliver information about products and services. You may unsubscribe from these e-mails at any time by clicking on the "unsubscribe" link included in any e-mail or by contacting us via e-mail at email@example.com with the word "UNSUBSCRIBE" in the subject line.
13. CHOICE OF LAW
The Agreement, your access and use of our Sites and the relationship between you and us are governed by the laws of the State of California, without giving effect to its conflict of law provisions.
14. DISPUTE RESOLUTION
You expressly acknowledge and agree that the sole and exclusive venue for resolving any controversy or claim arising out of or relating to these Terms of Service, or otherwise relating to any rights in, access to or use of our Sites (LT2 Content) shall be binding arbitration, under the American Arbitration Association ("AAA") commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect.
The arbitrator will not have authority to award damages in excess of the amount, or other than the types, of this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
15. NO CLASS ACTIONS.
YOU AND LT2 AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND LT2 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.
16. CONTACT INFORMATION
If you have any questions or concerns, please contact us at:
3025 W Mission Rd
Alhambra, CA 91803