TERMS OF SERVICE
Last updated: September 10, 2024
PLEASE READ CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE OR USE THIS WEBSITE
OVERVIEW
This website is operated by Sauce Ventures, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Sauce Ventures, LLC. Sauce Ventures, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
THE SECTION OF THIS TERMS OF SERVICE ENTITLED “BINDING ARBITRATION” CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to access content or data not intended for you, or to log onto a server or account that you are not authorized to access; (l) to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (m) to interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (n) to use the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (o) to forge any TCP/IP packet header or any part of the header information in any email or post using the Website; (p) to attempt or to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sauce Ventures in providing the Website; or (q) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sauce Ventures, LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
In the event you have a dispute with one or more users of the website or services (including, but not limited to, any dispute regarding any transaction or user-generated content) or any third party website that may be linked to or otherwise interact with this website, including, without limitation, any social media site, you hereby agree to release and forever discharge Sauce Ventures, and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, vendors, attorneys and affiliates (collectively, the “Released Parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements or any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website and/or services, to the fullest extent permitted by law.
You further agree to indemnify, defend and hold harmless, to the fullest extent permitted by law, Released Parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the website or services, your breach of these terms, or otherwise relating to the business we conduct on the website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other third party), any content posted by you or on your behalf to the website, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website, including any social media site. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without our written consent. This section survives termination of these Terms of Service.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - TRUFF AUTO-SHIP CANCELLATION POLICY AND PROCEDURE
You have the right to cancel your Truff Auto-Ship subscription at any time. To cancel, please do one of the following:
INTERNET: Go to https://truff.com/account/ and sign in to your Truff Auto-Ship account. Then, click on “SUBSCRIPTIONS” and click the "X" button under “Cancel”.
If you're already logged in, go to this link here click the "X" button under “Cancel”.
EMAIL: Email Truff Customer Service at support@truff.com or reach out to us via our on-site chat, provide your Order Number and indicate you wish to cancel your Auto-Ship subscription.
SECTION 18 - MOBILE MESSAGE SERVICE TERMS AND CONDITIONS
1. These Terms and Conditions Govern Our Mobile Messaging Services.
SAUCE VENTURES, LLC (Company”, “We”, “Us” or “Our”) may offer its shoppers, other customers, or other end users of its www.truff.com website or its other sites a mobile messaging program which may (now or in the future) offer short message services (“SMS”) and/or multimedia message services (“MMS”) to these shoppers, customers or other end users which contain information about the Company’s products, services or events (as more fully described in Section 3 below) (the "Service" or the “Messaging Service”).
BY OPTING INTO, OR BY OTHERWISE PARTICIPATING IN, THE MESSAGING SERVICE, YOU (“YOU”, “USER” OR YOUR”) HEREBY: (I) ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THIS TERMS AND CONDITIONS (“TERM AND CONDITIONS”); AND (II) CONFIRM AND AGREE THAT THESE TERMS AND CONDITIONS SHALL GOVERN YOUR USE OF THE SERVICE.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THESE TERMS & CONDITIONS POLICY WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT USE THE COMPANY’S MESSAGING SERVICE.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
2. User Opt-In to the Company’s Messaging Service.
2.1 Enrollment in the Company’s Messaging Service (“opt-in” or “opting-in” or “opted-in”) requires that You: (i) provide your mobile phone number; and (ii) consent to these Terms and Conditions by either clicking to agree to these Terms and Conditions when prompted to do so or by otherwise beginning to use the Company’s Messaging Services. The Messaging Services will not start until you have properly opted-in as set forth in this Section 2. You may not enroll if you are under 18 years old. The Company reserves the right to stop offering the Messaging Service at any time with or without notice.
2.2 By opting into the Company’s Messaging Service, You hereby automatically:
A. Authorize the Company to use auto dialer or non-auto dialed technology to send recurring text messages (SMS and/or MMS) to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that You do not have to agree to receive messages as a condition of purchase.
C. Confirm that You are the subscriber to the relevant phone number or that You are the customary user of that number on a family or business plan and that You are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in to the Company’s Messaging Services.
2.3 To request a free paper or email copy of the opt-in or to update our records with Your contact information, please visit www.Truff.com and reach out to our live chat or email the Company at support@truff.com. To view and retain an electronic copy of these Terms and Conditions or the rest of Your opt-in, You will need: (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, You will also need an email account You can access from the device, along with a browser or other software that can display the emails.
3. Content You May Receive Through the Company’s Messaging Service.
Once You have opted-in to the Company’s Messaging Service pursuant to Section 2 above, the following may apply: (i) Your message frequency may vary; and (ii) You may receive mobile alerts/mobile messages from the Company regarding any of the following matters:
A. Sales or marketing information or promotions regarding any of the Company’s www.Truff.com products or any other products or services offered by the Company or any of the Company’s affiliates (collectively, the “Company product or services”);
B. Shopping cart reminders;
B. Information or promotions about Company-supported events; and/or
C. Information or announcements about any other Company product or service launches.
4. Charges and Carriers
4.1 Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
4.2 The Company’s Messaging Services may be supported by one or more mobile/wireless carriers. The Service may not be available on all mobile/wireless carriers. The Company may add or remove any mobile/wireless carrier from the Service at any time, and from time to time, without notice. The Company and the mobile/wireless carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
5. User Opt-Out to Stop the Company’s Messaging Service.
5.1 Subject to the provisions of this Section 5, to stop or otherwise unsubscribe to the Company’s Messaging Service (as defined herein), you must either: (i) text the word STOP to 57508 at any time; or (ii) reply STOP to any of the text messages You receive through the Company’s Messaging Service (“opt-out” or “opting-out” or “opted-out”).
5.2 For Services operated through a different number, You must text STOP to that number in order to opt out of such Services.
5.3 Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To properly complete your opt-out request, please provide the requested clarification, otherwise your opt-out may not be effective.
5.4 You hereby further acknowledge and agree that:
(i) the text message platform used for the Company’s Messaging Service may not recognize and/or may not respond to opt-out requests that do not include the STOP keyword command;
(ii) the Company and its service providers will have no liability for failing to honor any opt-out request which does not company with this Section 5; and
(iii) You must opt-out of each individual Messaging Service that the Company may offer. Thus, if You unsubscribe or otherwise opt-out from one of Our text message programs, You may continue to receive text/mobile messages from the Company through any other programs that You have joined until you separately unsubscribe/opt-out from those other programs.
5.5 These Terms and Conditions shall survive if You withdraw any consent You previously gave to the Company or if You opt-out of any of the Company’s Messaging Services.
6. Duty to Notify Company; User’s Indemnify:
6.1 If at any time You intend to stop using the mobile telephone number that has been used to subscribe to the Company’s Messaging Service (including without limitation canceling Your service plan or selling or transferring your phone number to another party), You hereby agree that You will complete the User opt-out process set forth in Section 5 above prior to ending Your use of such mobile telephone number. You understand and agree that Your agreement to do so is a material part of these Terms and Conditions. You further agree that, if You discontinue the use of Your mobile telephone number without first completing the opt-out process set forth in Section 5 above, You hereby agree that You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of the Company’s Messaging Services.
6.2 YOU FURTHER AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 6 OR YOUR FAILURE TO NOTIFY THE COMPANY OF ANY OTHER CHANGE IN THE INFORMATION YOU HAVE PROVIDED TO THE COMPANY, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM THE COMPANY ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
7. Company’s Disclaimer of Warranty: In addition to any other limitation of liability or disclaimers by the Company in any other agreement to which You may be a party, You hereby acknowledge and agree as follows: (i) the Company’s Messaging Services are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier; (ii) the Company will not be liable for any delays or failures in the receipt of any mobile messages connected with its Messaging Services; and (iii) delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator and is outside of the Company’s control.
8. Prohibited Content; Prohibited Activities. In addition to any other terms, conditions or restrictions on your use of the Company’s Messaging Services as set forth in these Terms and Conditions (or in any other agreement to which You may be a party), You hereby acknowledge and agree that You will not send any prohibited content over the Company’s Messaging Services and that You will not engage in any prohibited activities over the Company’s Messaging Service, including but not limited to the following prohibited content or prohibited activities:
(i) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
(ii) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
(iii) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
(iv) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
(v) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
(vi) Any other content that is prohibited by any applicable laws or regulations in the jurisdiction from which the message is sent.
9. Changes to these Terms and Conditions. These Terms and Conditions may be changed from time to time or at any time by the Company (a “Change”). The Company reserves the right to change it without notice to a particular User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THESE TERMS AND CONDITIONS THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY’S MESSAGING SERVICE. THE PROVISIONS OF THESE TERMS AND CONDITIONS MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY’S MESSAGING SERVICE. THUS, ANY USE OF THE COMPANY’S MESSAGING SERVICE BY YOU AFTER SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS AND CONDITIONS. EACH USER SHOULD THEREFORE REGULARLY REVIEW AND PRINT THESE TERMS AND CONDITIONS FOR THE USER’S RECORDS.
10. Questions; Communicating with the Company.
If you have any questions about these Terms and Conditions or the Messaging Services, you can either visit www.Truff.com and reach out to our live chat or email the Company at support@truff.com.
SECTION 19 – FORCE MAJEURE
We shall be not held liable for any delay or failure in performance of any part of these Terms of Service from any cause beyond our control and without our fault or negligence, such as acts of God, pandemic, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Terms of Service constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW AND VENUE FOR RESOLVING DISPUTES
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California.
This Terms of Service and any separate agreements whereby we provide you services shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).
BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST SAUCE VENTURES BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
SECTION 22 – BINDING ARBITRATION
1. Arbitration Procedures. You and Sauce Ventures agree that, except as provided in Paragraph 4 below, all disputes, controversies and claims related to this Terms of Service, the Terms or your use of this Website(each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of AAA that are in effect at the time the arbitration is initiated (the “AAA Rules”) and under the terms set forth in this Terms of Service. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the AAA Rules, the terms in this Binding Arbitration Section will control and prevail.
2. Except as otherwise set forth in Paragraph 4 below, you may seek any non-injunctive remedies available to you under state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms of Service, (i) you and Sauce Ventures may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SAUCE VENTURES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
3. Location. The arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances.
4. Limitations. You and Sauce Ventures agree that any arbitration will be limited to the Claim between Sauce Ventures and you individually. YOU AND SAUCE VENTURES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.
6. Severability. You and Sauce Ventures agree that if any portion this Section is found illegal or unenforceable, except any portion of Paragraph 4, that portion will be severed and the remainder of the Paragraph will be given full force and effect. If Paragraph 4 is found to be illegal or unenforceable, then neither you nor Sauce Ventures will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Orange County, California and you and Sauce Ventures agree to submit to the personal jurisdiction of that court.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@truff.com or reach out to us via our on-site chat.
