Terms of Service

Effective Date: August 12, 2022

The following Terms of Service (“Terms”) constitute a binding agreement between you and Shoptrue, Inc. (“Shoptrue” “we,” or “us”) with respect to your use of shoptrue.com, all Shoptrue-owned websites and domains, our mobile application, and the services available through our websites and mobile application (collectively referred to as the “Services”), including any Content (as defined in Section 2 below). BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MAY NOT USE THE SERVICES.

THESE TERMS INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, WITHOUT A JURY. MORE INFORMATION ABOUT THE CLASS ACTION AND JURY TRIAL WAIVERS CAN BE FOUND IN SECTION 15 BELOW.

1. Changes to these Terms.
   We may revise or update these Terms from time to time, in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective 30 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
    
2. Scope of and Restrictions on Use.
   Subject to these Terms, Shoptrue grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install our application on mobile devices owned or otherwise controlled by you. Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Shoptrue. You agree not to:
   • collect information from the Services using an automated software tool or manually on a mass basis;
   • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
   • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
   • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
   • restrict or inhibit other users from accessing or using the Services;
   • modify or delete any copyright, trademark, or other proprietary rights notices that appear in the Services or Content; or
   • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
     
     
3. Ownership.
   The Services (including the Content) are owned by Shoptrue and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on or through the Services are registered and unregistered marks of Shoptrue and its licensors. 
   
   
4. Account Registration and Security.
   Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and all activities conducted through your account, regardless of who conducts those activities. You agree to immediately notify Shoptrue of any unauthorized use of your account, or any other breach of security.
   
   
5. Purchases, Shipping, and Returns.
   All purchases made through the Services are governed by these Terms, the terms of the payments processor(s) used for your order, and the terms of the retailer(s) whose products you are purchasing, as applicable.
   • Shipping Terms. Shipping Terms are set by Shoptrue’s catalog providers and their merchants, and are available on or through the checkout page, prior to purchase. Shipping varies between 5 and 7 business days after order is placed, and is dependent on the seller and the product you purchased. You will find your estimated ship time in your order confirmation email. Products can be shipped to the United States. 
   • Shipping Fees. Shipping Fees are applied at checkout. If you are shipping internationally, you will be responsible for any additional taxes and duties.
   • Returns, Exchanges and Refunds.  The terms for refunds and exchanges are set by Shoptrue’s catalog providers and their merchants and are available on the Product Detail  page prior to purchase. Details are provided to the consumer once a refund request is initiated.
     
     
6. Product Pricing, Display and Availability; Information Accuracy.
   • Product Pricing. The prices displayed through the services are in U.S. currency.  Prices are subject to change at any time.
   • Product Display.  Shoptrue makes every effort to display accurately the products featured through the Services. However, the color of products and the capabilities of your computer monitor may affect the colors you see on your screen. Shoptrue cannot guarantee that your monitor’s display of any color, texture or merchandise details will be accurate. Please remember, however, that if you are not satisfied with your purchase, please return the item for an exchange or refund, as applicable.
   • Product Availability.  In order to keep the Services current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit will still be available when you visit again. Please understand that some of our featured items are available only in limited quantities. When an item is no longer in stock, we will take reasonable steps to remove that item from the Services or otherwise to indicate that the item is no longer available. If you cannot find an item you previously saw on Shoptrue or for any other help with the Services, please email us at info@shoptrue.com
   • Information Accuracy.  Shoptrue makes reasonable attempts to provide the most recent, accurate and reliable information available through our Services. However, there may be occasions when information featured on the Services may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color or other matters, or an item that is no longer in stock. Shoptrue does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via the Services. Shoptrue reserves the right to correct errors and to update information on the Services at any time. Of course, we will make reasonable efforts to provide you with current prices at the time you place your order. In the event that a product is mistakenly listed at an incorrect price, Shoptrue reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, Shoptrue shall issue a credit to your credit card account in the amount of the incorrect price.
     
     
7. Privacy Policy.
   You agree and acknowledge that information collected by Shoptrue through the Services is subject to Shoptrue’s Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
   
   
8. Sweepstakes and Contests. 
   In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Services may have specific rules that apply to your participation in a Promotion. In the event of a conflict between these Terms and Promotion rules, the Promotion rules will control.
   
   
9. Shoptrue SMS Services.
   Please see the Shoptrue’s SMS Terms & Conditions for information about Shoptrue’s SMS Services.
    
10. Changes, Suspension, Termination.
    • Changes to the Services. Shoptrue reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Shoptrue will not be liable to you or to any third party for any such change, suspension, or discontinuation.
    • Suspension/Termination of Access. Shoptrue has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. 
    • Termination. These Terms are effective unless and until terminated by either party. Shoptrue may terminate this agreement at any time and may do so immediately and without notice if in Shoptrue’s sole and absolute discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Shoptrue, Shoptrue may deny you access to the Services and you must promptly destroy all materials downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made under the terms of these Terms or otherwise. Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Governing Law and Jurisdiction Law sections shall in all events survive any termination of these Terms.
      
      
11. Disclaimer; Limitation of Liability.
    • Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SHOPTRUE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHOPTRUE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR PRODUCTS ORDERED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SHOPTRUE NOR ANY ENTITY ASSOCIATED WITH SHOPTRUE REPRESENTS OR WARRANTS THAT THE SERVICES, OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES,  CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, PRODUCTS ORDERED THROUGH THE SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    • Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHOPTRUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES  OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL SHOPTRUE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $500.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
    • Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
      
      
12. Indemnification.
    You agree to indemnify, defend, and hold Shoptrue and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or  Content, ordering products through the Services and any activity conducted through your account, or any violation of these Terms or applicable law.
    
    
13. Third Party Materials.
    The Services may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Shoptrue is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Shoptrue does not assume and will not have any liability to you or any other person or entity for any Third Party Materials.  Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
    
    
14. Third Party Platforms.
    Shoptrue may provide the Services to you through third-party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Shoptrue’s control. Shoptrue does not assume any responsibility or liability for your use of such Third Party Platforms.
    
    
15. Jury Trial and Class Action Waiver.
    YOU AND SHOPTRUE EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL.  THIS MEANS THAT ANY CLAIM WILL BE DECIDED BY A JUDGE, NOT A JURY.  FURTHER, YOU AND SHOPTRUE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
    
    
16. Miscellaneous.
    • Geographic Restrictions. Shoptrue is based in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
    • Governing Law; Jurisdiction and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims), or your use of the Services or Content, shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to principles of conflicts of laws.  You and Shoptrue each consent to the exclusive jurisdiction and venue of the appropriate courts located in the State of Utah. 
    • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    • Waiver and Severability. Shoptrue’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
    • Entire Agreement. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Shoptrue with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
      
      
17. Questions.
    If you have any questions about the Services or these Terms, please email us at info@shoptrue.com
    
    
18. Notice to California Residents. 
    If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
    
    Shoptrue SMS Terms & Conditions
    By enrolling or otherwise agreeing to receive text messages from or on behalf of Shoptrue or by otherwise providing your phone number to Shoptrue, you agree to these SMS Terms, as well as Shoptrue’s Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at Shoptrue.com. For purposes of these SMS Terms, “Shoptrue,” “the Company,” “we,” or “us” shall mean Shoptrue, Inc. and any of its subsidiaries, divisions, or affiliates.
    
    
    1. Opting into Text Messages
       By opting into any Shoptrue text program, you expressly consent to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of Shoptrue, at the cell phone number you provide us. By voluntarily providing your cell phone number to Shoptrue, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; and shipping and delivery notifications.  If you affirmatively opt-in to receive marketing text messages from or sent on behalf of Shoptrue, you consent to receive marketing, advertising, transactional and other similar messages about sales, discounts, rewards and other offers. Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology.
    2. How to Opt Out and Get Help
       To stop receiving text messages from Shoptrue, you agree to reply STOP, STOP ALL, UNSUBSCRIBE, CANCEL, END or QUIT to the number sending the message. After sending an opt-out request, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Shoptrue processes your request(s). If you opt out of one Shoptrue text messaging program, you will remain opted into other Shoptrue text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact Shoptrue customer service at info@shoptrue.com. Below is more information on the types of text messages you may receive, and how to opt out of text messages from Shoptrue. In all cases, consent to receive texts is not a condition of purchasing any goods or services, and message and data rates may apply.
       After opting out of receiving text messages, you can re-enroll in any Shoptrue text messaging program by following the instructions for that program. We would be happy to welcome you back.
    3. Cost
       Message and data rates may apply for any messages sent to you from or on behalf of Shoptrue, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
    4. Eligibility and Change in Phone Number
       By opting into Shoptrue’s text messaging program(s) or by otherwise providing your cell phone number to Shoptrue, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to Shoptrue, you agree to notify Shoptrue immediately. Failure to do so constitutes a material breach of these SMS Terms and Shoptrue’s Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.
    5. Changes to the SMS Terms
       These SMS Terms may be updated by Shoptrue at any time without prior notice. By continuing to be enrolled in any Shoptrue promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.
    6. Questions
       For questions about these SMS Terms or Shoptrue’s text messages, please contact Shoptrue customer service at info@shoptrue.com.