Terms

USAGE TERMS

Thank you! TruFusion welcomes you is pleased that you would like to give us permission to use the social media post or other content described in our message to you, which we will refer to as your “Post” in these Usage Terms. BY RESPONDING AFFIRMATIVELY TO OUR MESSAGE, YOU ARE AGREEING TO THESE USAGE TERMS.

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) and transferable license to use, modify and otherwise exploit your Post, in any format or media now known or later developed, and for any purpose, including promotional purposes such as testimonials. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Post that you may have under any applicable law.

You represent that you are at least eighteen (18) years old, that you have obtained any necessary consents from any individuals who appear in your Post, and that you otherwise have the right to grant this license.

These Usage Terms also incorporate by reference our TruFusion Terms of Service, as updated by us from time to time, which are currently available at https://www.trufusion.com/policy/tos. Your Post will be considered User Content under our Terms of Service. Please note that our Terms of Service contains additional provisions such as indemnities, limitations of liability, and an agreement to arbitrate disputes on an individual basis, rather than by jury trial or through any class proceeding.

If you have any questions about these Usage Terms, please contact [email protected]

Terms of Service

Welcome to the TruFusion website, www.trufusion.com (the “TruFusion Website” or “the Site”), owned and operated by TruFusion LLC and its affiliates (“TruFusion”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the TruFusion Website and TruFusion’s services, applications, content and products (collectively, the “Site”). 

Please read the following terms and conditions of use, including an Arbitration Agreement.  Your access to and use of this Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.  TruFusion reserves the right to make changes to the Site and to these Terms from time to time in TruFusion’s sole discretion.  When TruFusion makes changes, we will post them here. For this reason, we encourage you to review these Terms each time that you use our Site because by visiting the Site, you agree to accept any such changes.  TruFusion is providing you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, code, links and the HTML used to generate the pages (collectively “Materials and Content”) is the sole and exclusive property of TruFusion or that of our affiliates, suppliers or licensors and is protected by patent, trademark, trade secret, service mark, trade dress and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of TruFusion. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to view the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the memberships, classes, services, products and services described on the Site at any time for any or no reason and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, attending membership and purchased classes, purchasing products, providing information to the Site and downloading class, services, membership and product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. TruFusion specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
  • Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
  • Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
  • Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
  • Attempting to interfere in any way with the Site’s or TruFusion’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
  • Communicating, transmitting or posting material that is in violation of applicable laws or regulations
  • Using the Site to harass, disrupt, or unlawfully interfere with TruFusion business interests.

Limits on Purchases

In an effort to enhance your experience and give as many customers as possible the opportunity to purchase TruFusion memberships, services and merchandise, we may place limits on purchases and reservations. We do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate TruFusion’s policies. We may modify this policy at any time without prior notice. This policy applies to all purchases of TruFusion memberships, services and merchandise, including but not limited to any or all purchases made at studios, retail stores, retail outlets, sample sales, resellers, warehouse sales, through third-party sales platforms and through any catalogs and websites.

Security Rules

Violations of system or network security may result in civil or criminal liability. TruFusion investigates violations and may engage, report, involve, and cooperate with law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging on to a TruFusion server or account that you are not authorized to access
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site.
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

International Use

TruFusion values its international customers.  We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders information on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government’s lists of prohibited and restricted parties.

Class, Product and Pricing Information

Although TruFusion has made every effort to display our membership programs, classes, services, studios, merchandise, products and appearance as accurately as possible, the displayed attributes depend upon the monitor of the user, and TruFusion cannot guarantee that the user’s monitor will accurately portray the actual attributes of the studios, services or products. Products displayed may be out of stock or discontinued, and prices are subject to change.  TruFusion is not responsible for typographical errors regarding price or any other matter. TruFusion does not warrant the accuracy of customer product ratings, comments or feedback.

Proprietary Rights

As between you and TruFusion (or any other company whose marks appear on the Site), TruFusion (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The TruFusion logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “TruFusion Intellectual Property”) are owned by TruFusion and may be registered in the United States and internationally. You agree not to display or use TruFusion Intellectual Property in any manner without TruFusion’s prior permission. Nothing on the Site should be construed to grant any license or right to use any TruFusion Intellectual Property without the prior written consent of TruFusion. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by TruFusion. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

User Content and Material

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #TRUFUSION or any other TruFusion promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to TruFusion and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. TruFusion will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing classes or products that incorporate or otherwise rely upon such information. TruFusion shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. TruFusion retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by TruFusion, you will furnish TruFusion any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold TruFusion and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

TruFusion does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge TruFusion and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by TruFusion or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that TruFusion has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. TruFusion acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If TruFusion becomes aware of any User Content that allegedly may not conform to these Terms, TruFusion may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. TruFusion has no liability or responsibility to Users for performance or nonperformance of such activities.

TRUFUSION HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST TRUFUSION FOR SUCH REMOVAL AND/OR DELETION. TRUFUSION IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

Copyright/Privacy Complaints

TruFusion respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TruFusion’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the complaining party;
  5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail: TruFusion

2240 Corporate Circle, Suite 120
Henderson, Nevada 89074
By email: [email protected]

(For both mail and email notices, please include “Notice of Infringement” in the subject).  Upon receipt of notices complying with the DMCA, TruFusion will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which TruFusion may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TRUFUSION ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

If you believe that any information on the Site violates your rights of privacy or publicity, please contact TruFusion as indicated above.  TruFusion will act to remove or disable access to any material found to be in violation of your rights of privacy or publicity under Nevada law or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

Notwithstanding anything else to the contrary contained in these Terms of Use, TruFusion’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding TruFusion’s protection of your personal information, please refer to our Privacy Policy page.

Disclaimers and Limitation of Liability

TruFusion publishes information on its Site as a convenience to its visitors. While TruFusion attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The TruFusion memberships, services and products described on the Site may not be available in your region. TruFusion does not claim that the information on the Site is appropriate to your jurisdiction or that the memberships, services or products described on its Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” TRUFUSION DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRUFUSION DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TRUFUSION MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

TruFusion makes no warranties of any kind regarding any non-TruFusion sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and TruFusion makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-TruFusion sites. TruFusion does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL TRUFUSION, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF TRUFUSION OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold TruFusion, its directors, officers, members, managers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Dispute Resolution

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH TRUFUSION (INCLUDING CLAIMS RELATING TO TRUFUSION’S MARKETING, ADVERTISEMENTS, DISPLAYS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY TRUFUSION, OR TRUFUSION’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: TRUFUSION, 2240 CORPORATE CIRCLE, SUITE 120, HENDERSON, NEVADA 89074, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.

ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. ARBITRATION SHALL BE CONDUCTED IN LAS VEGAS, NEVADA. IN LIEU OF ARBITRATION, EITHER YOU OR TRUFUSION MAY ASSERT INDIVIDUAL CLAIMS IN STHE JUSTICE COURT OF LAS VEGAS TOWNSHIP, SMALL CLAIMS DIVISION CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY.  YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHTS TO JURY TRIAL.  THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.

IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY TRUFUSION INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEVADA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Class Action Waiver

You and TruFusion agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

Governing Law

By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Nevada, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with TruFusion shall be submitted to confidential arbitration in Las Vegas, Nevada. However, if you have in any manner violated or threatened to violate any TruFusion Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General Information

These Terms constitute the entire agreement between you and TruFusion and govern your use of the Site, and they supersede any prior agreements between you and TruFusion as to the terms and issues discussed herein. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.  TruFusion may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in TruFusion’s sole discretion you fail to comply with any provision of these Terms.

  • You agree that no joint venture, partnership, employment or agency relationship exists between TruFusion and you as a result of this Agreement or your use of the Site.
  • Any claim or cause of action you may have with respect to TruFusion or the Site must be commenced within one (1) year after the claim or cause of action arose.
  • The failure of TruFusion to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without TruFusion’s express written consent. The Terms inure to the benefit of TruFusion’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.

Our Privacy Policy

This Privacy Policy describes how TruFusion LLC and our affiliates, parents, brands and subsidiaries (collectively, “TruFusion,” “we” or “us”) collect, use and share personal information about you and the choices that are available to you with respect to our handling of your information. This Privacy Policy applies to personal information we collect when you interact with us online (e.g., through our website or other online products and services) or offline (e.g., when you come into our studios, contact us through any other media, take classes, shop in our stores, purchase food or memberships, services and merchandise or interact with customer support) or otherwise interact with us as described below. Our online and offline services and interactions with you are collectively referred to as “Services” in this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our websites or sending you an email notification). We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our personal information practices and the choices available to you.

Collection of Information

PERSONAL INFORMATION WE COLLECT DIRECTLY FROM YOU

We collect personal information you provide directly to us. For example, we collect personal information when you use our websites; provide product or class reviews; attend our studios; shop in our stores; call us on the phone; create an online account; sign up to receive our emails; request information; participate in a sweepstakes, contest, promotion or survey; communicate with us via third-party social media sites; request customer support; apply for and/or participate in our loyalty program; apply for a job; or otherwise communicate with us.

The types of personal information we may collect include your name, email address, zip or postal code, billing address, shipping address, phone number, payment card information, class or product preferences, demographic information and any other personal information you choose to provide.

In some cases, we may also collect personal information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, create and share a “wishlist” or decide to purchase and ship products to someone. We will use this personal information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us.

INFORMATION ABOUT YOUR USE OF OUR SERVICES

We collect information about your use of our Services, such as the classes or events that you attend, the services you engage, the products you purchase or in which you express interest.

PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

We automatically collect certain personal information about you when you access or use our Services or shop in our stores, including:

  • Log Information: We collect information about your use of our websites, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our websites.
  • Device Information: We collect information about the device you use to access our online Services, including the hardware model and operating system and version.
  • Transaction Information: When you purchase a membership or classes, purchase or return a product, or request a refund, we collect information about the transaction, such as service and product details and the date and location of the purchase/return.
  • Video Data: We collect video data via security cameras we deploy in some of our retail stores.
  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use cookies, web beacons (also known as “tracking pixels”) and similar tracking technologies to collect information about you when you interact with our websites or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes. For more information about cookies and how to disable them, please see the “Cookies” section below.

PERSONAL INFORMATION WE COLLECT FROM OUR PARTNERS AND OTHER SOURCES

We may obtain personal information about you from other sources and combine that with information we collect about you. For example, we collect personal information from the local postal services’ national change of address databases to verify and update mailing addresses. In addition, if you are a United States customer and apply for a TruFusion Credit Card, we obtain limited personal information about you from the partners that manage our private label credit card program. If you interact with us on social media, we will also collect personal information about those interactions.

PERSONAL INFORMATION WE DERIVE

We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

Use of Personal Information

We may use personal information about you for various purposes, including to:

  • Provide, maintain and improve our Services, including to facilitate and improve your in-store and online shopping experiences;
  • Deliver the products and Services you request, or that are reasonably anticipated within the context of our ongoing business relationship, complete transactions, perform our contractual obligations and send you related information, including confirmations and receipts;
  • Process your orders, payments and account adjustments and initiate, render, bill and collect payment for our products and Services;
  • Conduct internal research and development and make business decisions about current and future product and service offerings;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see “Your Choices” below);
  • Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;
  • Personalize your online experience and provide advertisements, content or features that match your profile and interests;
  • Monitor and analyze trends, usage and activities;
  • Process and deliver contest, promotion and sweepstakes entries and rewards;
  • Detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims and provide other security protections, such as identity verification;
  • Protect users of our Services from fraudulent, malicious, deceptive, abusive or unlawful activities of others;
  • Debug and repair errors in our products and Services and other activities to maintain and improve the quality and safety of our products and Services;
  • Cooperate with law enforcement and protect the rights (including free speech), interests, safety or property of TruFusion or our customers, service providers and other third parties;
  • Comply with and enforce applicable legal and regulatory obligations and respond to governmental requests;
  • Enforce our policies, terms and conditions or other agreements;
  • Defend against or pursue claims, disputes or litigation – in court or elsewhere;
  • Provide you the benefits of our loyalty program if you are a member of our loyalty program; and
  • Carry out any other purpose readily apparent to you or described to you at the time the personal information is collected.

Sharing of Personal Information

We may share personal information about you as follows:

  • With vendors, consultants and other service providers who need access to such personal information to carry out work on our behalf, including companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, analytics, marketing and advertising;
  • If you are a U.S. customer, with our banking partners;
  • In response to a request for personal information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation;
  • If we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company;
  • With our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;
  • With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
  • By publicly posting, at our discretion, your product review or other user content if you provide one; and
  • With your consent or at your direction.

We allow our e-commerce partners to directly collect personal information from you for the purposes of facilitating ordering and shipping internationally. This information collected by these e-commerce partners will be treated in accordance with their privacy policies.   We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Advertising and Analytics

We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect personal information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This personal information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.networkadvertising.org and http://www.aboutads.info/choices. European users may opt of receiving targeted advertising by visiting http://www.youronlinechoices.eu/. Please note that you need to renew this choice on each device and browser you use to access our Services.  We may also work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on such platforms.

Data Retention

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the personal information was collected and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.

Children

We do not knowingly collect personal information from children. If you have reason to believe that a child has provided personal information to us via the Services, please contact us, and we will endeavor to delete that personal information from our databases.

Your Choices

MANAGING OR DELETING YOUR ONLINE TRUFUSION ACCOUNT

You may update, correct or delete your online account information at any time by logging into your account and navigating to the “My Account” page or by contacting us as indicated in the “Contact Us” section below. You can also contact us if you wish to deactivate your online account. Note that we may retain certain personal information as required by law or for legitimate business purposes. We may also retain cached or archived copies of personal information about you for a certain period of time.

OPTING OUT OF PROMOTIONAL COMMUNICATIONS

You can opt out of receiving promotional communications from us at any time by doing the following:

  • To opt out of direct mail (such as catalogs and postcards): Log into your online account and adjust your settings under the “Catalog Preferences” page or contact us at [email protected].
  • To opt out of promotional emails and text messages: Follow the instructions provided in those communications or contact us at [email protected].

Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account or our ongoing business relations.

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. For more information, please see the cookie policy.

DATA TRANSFERS 

TruFusion has operations in the U.S. and other countries. As such, we or our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

Please direct any inquiries or complaints regarding our compliance with the Principles to the point of contact listed in the “Contact Us” section below. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS (https://www.jamsadr.com/eu-us-privacy-shield) our designated Privacy Shield dispute resolution provider. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. TruFusion is subject to the investigatory and enforcement powers of the FTC. If TruFusion shares EU Data with a third-party service provider that processes the data solely on our behalf, then we will be liable for that third party’s processing of EU Data in violation of the Principles, unless we can prove that we are not responsible for the event giving rise to the damage.

California residents: Your Privacy Rights

Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq). If you are a California resident, this section applies to you.

Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, information subject to Cal. Civ. Code § 1798.80(e), characteristics of protected classifications under California or U.S. law, commercial information, Internet or other electronic network activity information, geolocation data, professional or employment-related information, audio, electronic, visual or similar information, inferences drawn about you and other categories of personal information that relate to, describe or are reasonably capable of being associated with you.

For examples of the precise data points we collect and the sources from which we collect this personal information, please see “Collection of Information” above. We collect personal information for the business and commercial purposes described in “Use of Information” above.
Disclosure of Personal Information: We may share your personal information with third parties as described in the “Sharing of Information” section above. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes to the following categories of recipients:

Categories of Third PartiesCategories of Personal Information Disclosed for a Business or Commercial Purpose
Vendors, consultants and other service providers who perform services on our behalf– Identifiers
– Information subject to Cal. Civ. Code § 1798.80
– Commercial information
– Internet or other electronic network activity information
– Geolocation data
– Inferences 
Other TruFusion website visitors (in connection with product reviews submitted through our Services)– Identifiers
– Information subject to Cal. Civ. Code § 1798.80
– Characteristics of protected classifications under California or federal law

Sale of Personal Information: California law requires that we provide transparency about personal information we “sell,” which for the purposes of the CCPA broadly means scenarios in which we have shared personal information with partners in exchange for valuable consideration. While we do not provide personal information about you to other companies for money, we do allow our advertising partners to collect identifiers, commercial information and Internet or other electronic network activity information via our Services to show you ads that are targeted to your interests. To opt out of having your personal information used for targeted advertising purposes, please see the “Advertising and Analytics” section above. You can also visit our “California Do Not Sell My Personal Information” webpage to make an opt-out request.
Your Rights: Subject to certain limitations, you have the right to request (1) more information about the categories and specific pieces of personal information we have collected, used, sold and disclosed about you, (2) deletion of your personal information and (3) that we stop selling your personal information. We will not discriminate against you if you exercise your rights under the CCPA.

You may make these requests by calling 1-866-467-8688 or visiting this page. Once we receive your request, we will verify it by asking you to provide certain information, such as identifiers like your email address and phone number If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf.

Notice of Financial Incentives: We offer various financial incentives. For example, we may provide discounts, coupons and other benefits for customers who sign up to receive our marketing emails or join our loyalty program. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at [email protected]. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.