TrueToForm Terms of Use

Effective Date: December 12, 2020

By using this website, truetoform.fit, or the application (collectively, the “Website”), you agree to these Terms of Use (the “Terms” or the “Terms of Use”) and the Privacy Policy referenced herein.  This Website is owned and operated by Tam Technologies, Inc. (“us”, “we”, or the “Company”).  Accessing the Website will constitute your acceptance of these Terms of Use.  You may not enter or use the Website if you do not agree to abide by these Terms.

We reserve the right to change the nature of this relationship at any time and to revise these Terms from time to time as we see fit.  As such, you should check these Terms periodically.  Your accessing, viewing, browsing, and/or using the Website after we post changes to or update these Terms constitutes your acceptance and agreement to the current version of the Terms, including any changes, whether or not you have actually reviewed them.

If you violate any of these Terms, we reserve the right, but have no obligation to, cancel your access or permanently ban you from accessing, viewing, browsing, or using the Website. 

CONTENT

You acknowledge that the Website may contain data, text, sounds, software, photographs, three-dimensional imaging graphs, videos, typeface, graphics, music, and other information and materials (collectively, the “Content”) in relation to which the Company has certain intellectual property rights, including, but not limited to, copyrights, trademarks, trade secrets, rights in databases, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing or hereafter developed.  You acknowledge and agree that the Company holds, and all such intellectual property rights relating to, the Content.

No part of the Website or the Content may be copied, reproduced, republished, uploaded, posted, recreated, publicly displayed, encoded, translated, transmitted, or distributed in any way, including by mirroring, to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without the Company’s express prior written consent.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content through the use of framing, deep linking, or otherwise, except as expressly permitted by these Terms or with express prior written consent.

YOUR USE OF THE WEBSITE

No part of the Website or the Content may be copied, reproduced, republished, uploaded, posted, recreated, publicly displayed, encoded, translated, transmitted, or distributed in any way, including by mirroring, to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without the Company’s express prior written consent.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or the Content through the use of framing, deep linking, or otherwise, except as expressly permitted by these Terms or with express prior written consent.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other our customers, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or the Company.

You agree not to use any device, software, process, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

PRIVACY

Our Privacy Policy applies to use of the Website, and its terms are expressly incorporated into these Terms by reference.  To view our Privacy Policy, click here.  By using this Website, you acknowledge and agree that any transmissions, actions, or use of the Internet, a website, or an application is never completely private and secure.  You acknowledge and agree that any message or information you send to or through the Website may be read or intercepted by others, even if the Company takes reasonable security measures and even if there are any special disclaimers or notice for any particular transmission. 

ACCOUNT SECURITY

Certain features of services offered through the Website may require you to open an Account, including setting up a username and password.  You acknowledge and agree that you share responsibility with the Company for the security and privacy of your own Account.  If you think your Account has been compromised, please contact us immediately. 

Your Account may include personal and sensitive information about you and your Account.  You agree to maintain the security of your username and password and restrict access to your Account by unauthorized persons.  You agree that you are fully responsible for any activity that occurs on your Account by anyone you have given your access credentials to or have permitted access to your Account.  You further agree that you may be held liable for losses incurred by the Company or any other use of or visitor to the Website due to someone else using your Account, or as a result of your failing to keep your Account information secure and confidential. 

You may not use anyone else’s username, password, or account at any time without the express prior written consent of the holder of that Account.  The Company will not be liable for any loss or damage arising from your failure to comply with these obligations. 

THIRD PARTY ACCESS

If you authorize a third party to access your Account or share your Account information with them, you acknowledge and agree that the Company may disclose information about your Account, including personally identifiable information, with such third party.  You acknowledge that granting a third party permission to take action on your behalf or using your information does not relieve you of any responsibilities under these Terms or any other agreement with us.  You further acknowledge that you will not hold us responsible for, and will indemnify us, from any liability arising from the activities of any such third party making use of your Account.  You acknowledge that we may accept payments made on your behalf from third parties, including those whom you authorize to access your Account. 

LINKS TO THIRD PARTY SITES

 References to our Company may appear on other websites or applications, including merchant or retailer websites, and our Website may contain (or you  may be sent through the Website) links to other websites (including our merchant or retailer partner websites) (the “Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sounds, video, information, software, products, and other content belonging to or originating from third parties (the “Third Party Content”).  Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content posted on this Website, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third Party Sites or the Third Party Content.  If you decide to leave the Website and access any Third Party Sites (including accessing any Third Party Content on merchant or retailer websites while using our services), you do so at your own risk and should be aware that our Terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering policies, of any Third Party Site.

STATUTE OF LIMITATIONS

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Website, Terms of Use, or Privacy Policy that you may have must be brought within ONE (1) YEAR after such claim or cause of action arises or within the shortest limit permitted under applicable law or be forever barred. 

ARBITRATION

In case of a dispute, you are agreeing to waive certain rights, including the right to sue in court, the right to a jury, and the right to participate in class proceedings. You may opt out of the Arbitration Provision as described in this Section.

(a)    Either party to these Terms may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section on arbitration (the “Arbitration Provision”), unless you opt out as provided below.  As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any assignee (or persons claiming through or connected with us and/or any assignee), on the other hand, relating to or arising out of these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including (except to the extent provided otherwise in the last sentence of Section (f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms.  Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

(b)    You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to hello@truetoform.fit, which is effective if it is received within 30 days of the date of your electronic acceptance of these Terms.  The opt out notice must clearly state that you are rejecting arbitration; identify the Terms to which it applies by date; provide your name, address, and email address; and be signed by you.  No other methods can be used to opt out of this Arbitration Provision.  If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.

(c)    The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or JAMS.  The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law.  In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

(d)    If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees).  If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules.  Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law.  If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

(e)    Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator.  In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal.  The panel will reconsider de novo all aspects of the initial award that are appealed.  Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding.  Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.

(f)      NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.  Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction.  Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party.  No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section (f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.  Any challenge to the validity of this Section (f) shall be determined exclusively by a court and not by the administrator or any arbitrator.

(g)    This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA.  The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations.  The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision.  The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court.  The arbitrator shall take steps to reasonably protect confidential information.

(h)    This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to these Terms and the relationship of the parties and/or assignees; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of the Terms to any other person or entity.  If any portion of this Arbitration Provision other than section (f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless   remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section (f) are finally adjudicated pursuant to the last sentence of section (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY.  THESE LIMITATIONS ON LIABILITY WILL APPLY EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.  THE PARTIES UNDERSTAND THAT SERVICES WOULD NOT BE PROVIDED BY US WITHOUT SUCH LIMITATIONS.  IN ALL OTHER INSTANCES AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR OUR SERVICES.

WARRANTY

THE WEBSITE AND OUR SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY US OR BY THIRD PARTIES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF OUR SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF OUR SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEMS FAILURES THAT MAY AFFECT ANY SERVICES AT ANY TIME.  YOU ACKNOWLEDGE AND AGREE TO USE THE WEBSITE AND OUR SERVICES AT YOUR SOLE RISK AND THAT WE CANNOT GUARANTEE AND DO NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.

GOVERNING LAW; VENUE AND JURISDICTION

Except and to the extent the Arbitration Provision may apply to any dispute between the parties (in which case the terms of the Arbitration Provision shall apply with respect to governing law and venue), by accessing the Website or using our services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms or your use of the Website or our services. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Website or our services.

INDEMNITY

You agree to indemnify and hold harmless Tam Technologies, Inc., its affiliates, and each of their respective directors, employees and agents harmless from and against any loss, liability, damages, costs and expenses, arising out of or in connection with your use of the Website or any violation of the Terms.  You agree to fully cooperate at your expense as reasonably required by the Company.  We may, at our election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving the Company without our consent.

MISCELLANEOUS

The failure of the Company or its affiliates to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.  If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  The section headings used in the Terms of Use are for reference only and do not carry any legal significance.  Upon our request, you will take any actions necessary to evidence your compliance with these Terms.  The Terms are between you and the Company, and these Terms will not vest any rights, either on your behalf or otherwise, to any third party.  You may not assign your rights or obligations under these Terms to any other party without our prior express written consent.  The Company may assign its rights and obligations under these Terms at any time without notice.