TRIED N TRUE TERMS OF SERVICE
Thank you for selecting the Services offered by Tried N True Coaching & Inventory, LLC (referred to as “TNT”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and TNT. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
1.1. This Agreement describes the terms governing your use of the TNT online services provided to you on this website, including content, updates and new releases, (collectively, the “Website”). It includes by reference:
ii) Additional Terms and Conditions, which may include those from third parties.
1.2. This Agreement describes the terms that govern your purchase of products from us.
1.3. This Agreement describes the terms that govern the coaching services (“Coaching”) that we may provide to you.
2. YOUR RIGHTS TO USE THE Website.
2.1. The Website are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Website and only for the purposes described by TNT. TNT reserves all other rights in the Website. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, TNT grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Website.
2.2. You agree not to use, nor permit any third party to use, the Website or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
i) Provide access to or give any part of the Website to any third party.
ii) Reproduce, modify, copy, deconstruct, sell, trade or resell the Website.
iii) Make the Website available on any file-sharing or application hosting service.
You are responsible for securely managing your password(s) for the Website and to contact TNT if you become aware of any unauthorized access to your account. The Website may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Website. You agree to receive these updates.
3. YOUR PERSONAL INFORMATION.
3.1. With some TNT services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant TNT permission to use information about your business and experience to help us to provide the TNT services to you and to enhance the Website and Coaching. You grant TNT permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant TNT permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
4.1. You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Website. You grant TNT a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Website. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. TNT is not responsible for the Content or data you submit through the Website.
4.2. You agree not to use, nor permit any third party to use, the Website to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
i) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
ii) Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
iii) Except as permitted by TNT in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
iv) Virus, trojan horse, worm or other disruptive or harmful software or data; and
v) Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
4.3. You agree that TNT may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website, other products or services, advertising or marketing materials. You grant TNT a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to TNT in any way.
4.4. TNT may, but has no obligation to, monitor content on the Website. We may disclose any information necessary to satisfy our legal obligations, protect TNT or its customers, or operate the Website properly. TNT, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5. PRODUCTS AND SALES.
5.1. In describing and portraying our products, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.
5.2. When you place an order, we will ship your order to the address designated by you as long as that shipping address is within the United States. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
5.3. All items purchased are made pursuant to a shipping contract. The risk of loss for all items purchased passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
5.4. Merchandise availability is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You will receive a shipping confirmation email once your items have shipped.
5.5. The products available have been bought at liquidation and may contain varying degrees of wear and aging. If you are not comfortable purchasing liquidated clothing you should not purchase products from us.
5.6. We do not intentionally sell counterfeit products. However, we do not guarantee that every product we ship will be authentically manufactured by the apparent brand shown on the product.
5.7. You expressly acknowledge and accept the risk of that the articles that you receive:
i) may not be suitable or merchantable by you;
ii) may have defects or manufacturing flaws;
iii) may be from varying and inconsistent brands;
iv) may be inconsistent with or dissimilar to each other in style, intended season of wear, color, intended gender, intended age, and intended fit;
v) may not represent complete wardrobe options or a coherent retail offering; and
vi) may not include all or even a representative set of sizes for your customers or any other population.
6. RETURN POLICY.
Because we sell liquidated inventory in bulk, we do not accept returns or provide refunds for products purchased from us.
7. COACHING SERVICES.
7.1. If you purchase Coaching, you agree that unused access to Coaching will expire if not used within three (3) months of the purchase. If you do not make yourself reasonably available to TNT’s coaches at reasonable times during business hours, you release TNT from having to provide Coaching.
7.2. TNT, in its sole and exclusive discretion, may provide Coaching in amount or in methods that exceed what you purchase (“Bonus Coaching”). No Coaching, Bonus Coaching, or other actions or behavior of TNT shall create an implied obligation on TNT’s part to provide or continue Bonus Coaching.
7.3. TNT does not provide refunds for unused Coaching.
7.4. You accept the information and advice given through Coaching at your own risk. Nothing provided within the Coaching is intended to make management or investment decisions on your behalf. TNT is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice (“Professional Services”). The Coaching is not intended to provide, does not provide, and is not intended to replace Professional Services. Consult the services of a competent professional when you need Professional Services.
8.1. You must pay with a payment method that is acceptable to TNT’s payment processors. If your payment and registration information are not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Website.
8.2. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on Website.
8.3. For Website access offered on a payment or subscription basis, the following terms apply:
i) TNT will automatically renew your monthly, quarterly, or annual Website access at the then-current rates, unless the Website is cancelled or terminated under this Agreement.
ii) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
9. DISCLAIMER OF WARRANTIES
9.1. YOUR USE OF THE WEBSITE, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE WEBSITE, PRODUCTS, AND COACHING ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TNT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE WEBSITE, PRODUCTS, OR COACHING ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE WEBSITE, PRODUCTS, OR COACHING. TNT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OF PRODUCTS OR COACHING OR ACCESS OF THE WEBSITE, WHICHEVER IS SOONER.
9.2. TNT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE, PRODUCTS, OR COACHING WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TNT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU AGGREGATE AMOUNT YOU PAID TO ACCESS THE WBSITE OR ACCESS COACHING DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, TNT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TNT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TNT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TNT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold TNT and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Website, purchase of products, use of Coaching, or breach of this Agreement (collectively referred to as “Claims”). TNT reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by TNT in the defense of any Claims.
12. CHANGES AND COMMUNICATIONS.
12.1. We reserve the right to change this Agreement at any time, and the changes will be effective when posted on the Website or when we notify you by other means. We may also change or discontinue the Website, the sale of products, or offer of Coaching, in whole or in part. Your continued access of the Website indicates your agreement to the changes.
12.2. TNT may be required by law to send you communications about the Website, the products you purchase, the Coaching, or Third Party Products. You agree that TNT may send these communications to you via email or by posting them on our websites.
TNT may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend your access to the Website or Coaching effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Website or systems and comply with applicable TNT policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Website and any outstanding payments will become due. Any termination of this Agreement shall not affect TNT ‘s rights to any payments due to it. TNT may terminate a free account at any time. Sections 3, 9, 10, 11, 12, 15, 16, and 17 will survive and remain in effect even if the Agreement is terminated.
14. EXPORT RESTRICTIONS.
You acknowledge that the Website, including the mobile application, delivered by TNT are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
15. GOVERNING LAW.
Utah state law governs this Agreement without regard to its conflicts of laws provisions.
16.1. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE WEBSITE, THE PRODUCTS, THE COACHING, OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Utah law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TNT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
16.2. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Tried N True Coaching, 138 E 12300 S, Unite #705, Draper, UT 84020. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. The prevailing party shall be entitled to seek legal the arbiter to award the fees incurred in prosecuting or defending the arbitration proceeding. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.
This Agreement is the entire agreement between you and TNT and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of TNT. However, TNT may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by TNT or (c) a successor by merger. Any assignment in violation of this Section shall be void.