Terms & Conditions

And now for the boring, but necessary, legal mumbo-jumbo:

TERMS & CONDITIONS

Introduction

Welcome!  You have arrived at www.Truly-Twited.com (the “Site”). Thank you for visiting the Site.  While we hope you enjoy the Site, it is important that you carefully read these Terms of Use (“Terms”) before using the Site, as they affect your legal rights and obligations and govern your use of the Site.  These Terms apply to the Site, which is owned and operated by Truly TwisTed. (“Truly TwisTed,” “we,” “our,” or “us”).  These Terms also apply to interactive features or downloads that are owned or controlled by Truly TwisTed, are available through the Site, or that interact with the Site and post these Terms.  These Terms do not apply to any offline activities by Truly TwisTed (unless specifically stated).  You agree to these Terms by accessing or using the Site.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.

In some instances, both these Terms and a separate terms of service setting forth additional terms and conditions (such as our Truly-Twisted.com program Terms and Conditions may apply to a service or product offered via the Site (“Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  You consent to the collection and use of your data in accordance with the Site’s Privacy Policy .

1. Account Registration

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, receive electronic newsletters or mobile alerts or to participate in social networking activities.  The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Site.  When you provide information to the Site, you agree to provide only true, accurate, current and complete information.

If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account.  You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part.  Truly TwisTed reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

(a) Ordering Merchandise

You need a valid credit card or PayPal (except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise.  You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so.  You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site.

(b) Prices; Colors; Availability

All prices listed on the Site are subject to change.  In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge.  Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, we cannot guarantee availability at a particular time.  We reserve the right to change our merchandise at any time.  We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our discretion.

(c) Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.  Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).  Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

(d) Payment Terms

For each product that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.  Truly TwisTed will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

(e) Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products.  We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase.  Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Truly Twisted’s net income), on orders shipped outside the United States.

2. Affiliate Program

This Affiliate Service Agreement (the "Agreement") is made by and between Truly Twisted., an California, USA company ("Truly-Twisted.com"), and you, as an Affiliate utilizing the Truly-Twisted.com service ("You", "Your", "Affiliate").

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for Truly-Twisted.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Truly-Twisted.com Service as an Affiliate.

The following agreement is summarized as follows:

3. Indemnification

You agree to defend (if requested by Truly Twisted), indemnify and hold harmless the Truly TwisTed Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site  (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person  (f) any misrepresentation made by you; or (g) the Truly Twisted Parties’ use of your information.  You will cooperate as fully required by the Truly Twisted Parties in the defense of any claim.  Notwithstanding the foregoing, the Truly TwisTed Parties retain the exclusive right to settle compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section.  The Truly TwisTed Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Truly TwisTed Parties.

4. Governing Law, Jurisdiction and No Class Actions

(a) GOVERNING LAW/JURISDICTION.  THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA , WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.  YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN KERN COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN KERN COUNTY, CALIFORNIA FOR ANY SUCH LEGAL PROCEEDING.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

(b) No Class Actions.  To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.

5. Updates to Terms

Truly TwisTed reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”).  You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms .  Therefore, you should review these Terms and any Additional Terms before using the Site.  The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

If you have any questions regarding these Terms of Use, please contact us.

These Terms were last amended as of 20 August, 2014.

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