TERMS OF SERVICE
Updated March 1, 2018
Acceptance of Terms
THESE TERMS OF SERVCE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO TRUNITED.COM (“the “SITE”). BY USING THE SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OR SERVICE.
This website is operated by Trunited Marketplace (“Trunited”). Throughout the site, the terms “we”, “us” and “our” refer to Trunited. Trunited 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 herein.
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 (the “Agreement”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY TRUNITED SERVICES.
Trunited may modify this Agreement from time to time, with or without notice, and your continued use of the Trunited website(s) or any of its services after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the Trunited website and services.
By visiting our site and/or purchasing products or services from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms of Service”, “Terms”, “Agreement”), 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.
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. Again, your continued use or access to the website following the posting of any modifications to these Terms of Service constitutes your acceptance of the modifications.
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, and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our Service or 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 trademark or copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of these Terms may result in an immediate termination of your Account and will likely result in Trunited seeking any and all remedies available to it under the laws of Arizona.
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: (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is routinely 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 the express written permission of Trunited Marketplace.
- The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms. The headings used throughout this Agreement are not to be used as an aid in the interpretation of this Agreement.
SECTION 3 – THE WALL
- By utilizing The Wall, you understand that you are bypassing the Retail brand information page exhibited on the Site that lists the exclusions and relationship details Trunited has with the Retail brands.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on trunited.com 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 trunited.com is at your own risk.
- com 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 5 – USE OF THIS SITE; MODIFICATIONS TO THE SERVICE AND PRICES
- You understand that Trunited cannot and does not guarantee or warrant that files available for downloading from the Site will be free from infection or viruses, worms, trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for reconstruction of any lost data.
- Trunited Customers, Pointholders and/or Marketers are independent third-party contractors of Trunited and Trunited is not responsible or liable for the statements, acts or omissions of such Customers, Pointholders, and/or Marketers, whether in connection with this Site or in any other context. You acknowledge and agree that Trunited has no control over, and is not responsible or liable for any information, in any medium, provided to you by a Customer, Pointholder, and/or Marketer. Trunited does not confirm the accuracy or reliability of any materials created or distributed by a Customer, Pointholders and/or Marketer in any medium, including, but not limited to, the internet.
- 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 6 – 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. We reserve the right to deny any refund request that we feel is “excessive.” All descriptions of products or product pricing are subject to change without notice, at the sole discretion of Trunited. 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 7 – 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 will 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, co-ops, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all your purchases made through the Site so that we can verify that you do not hold multiple Trunited accounts. 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.
SECTION 8 - 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 9 – POINTS AND EARNINGS
- As a Customer, Pointholder, and/or Marketer of Trunited, you will accumulate profit points and cash earnings based on your purchases in the Trunited Marketplace. All earnings are subject to the rules and regulations put forth by Trunited and it reserves the right at any time, at Trunited’s sole discretion, to determine whether or not you are entitled to such earnings, are eligible to redeem those earnings, or if your cash back earnings or profit points need to be adjusted.
- We offer several methods to redeem and transfer earnings, and these distribution methods are subject to change without notice to you and you have no particular right to a specific distribution method. We may at any time limit the amount of earnings you can redeem, and you are expected to redeem all earnings prior to closing your account. If your account is terminated due to your breach of these Terms of Service, the Trunited Regulations, or the Marketer Terms of Service (if applicable), or you close your account before redemption of your earnings, you will no longer be eligible to receive those earnings.
- Cash back earnings and profit points will not be made available to those who create multiple accounts, nor will they be made available for those who create multiple accounts in order to earn connection points for inviting themselves. Such actions are in violation of these Terms of Service and are grounds for immediate termination of a Customer, Pointholder, and/or Marketer’s account and loss of all points and earnings. We reserve the right to decline connection points and cash back earnings to Customers, Pointholders, and/or Marketers who cannot produce examples and evidence of how referrals have taken place.
- Retail Brand purchases require you to click a link within Trunited and use a third-party site. Please note that taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties are generally not factored into the total purchase amount. Certain Retail Brand affiliates may have certain products and purchases that are exempt from Trunited earnings. Those purchases will not result in an award of Profit Points. We are under no obligation to notify you of these exclusions, nor are we obligated to compensate Pointholders or Marketers when exemptions or user error results in Points Pending not being rewarded. All Retail Brand shopping is done at the Customer, Pointholder, or Marketer’s discretion and each shopper assumes all risk should purchases be ineligible for cash back compensation.
- Depending on federal, state, and local tax laws, Pointholder and Marketer cash earnings may be subject to taxes. You are solely responsible for any and all tax liability incurred from purchases through the Trunited Marketplace. Trunited is further authorized to offset such tax liability from your earnings.
- You maintain responsibility for keeping your Trunited account active as described in the Trunited Regulations. If you fail to redeem your earnings or points before becoming inactive, you forfeit your right to points and earnings in your account.
- All points and cash earned are provided solely by Trunited. By accepting these Terms of Service, you agree not to seek rewards or make claims against any third-party providers, merchants, or manufacturers of products and services. You agree that Trunited may transfer and/or assign its rights and obligations under these Terms of Service at any time. You agree also that you may not assign your rights or delegate your responsibilities hereunder without the express written permission of Trunited.
- Allow or Do Not Allow Cookies
- You can enable or disable cookies saved by websites.
- On your computer, open Google Chrome.
- In the top right, click the Menu.
- Click Settings Show Advanced Settings.
- In the “Privacy” section, click Content Settings.
- Use the “Cookies” section to change your settings:
- To block all cookies, click Block sites from setting any data. When you use this setting, most sites that require you to sign in will not work.
- To allow only first-party cookies and block all third-party cookies, check Block Third-Party Cookies and Site Data. This setting means that site data cannot be written and read, even if you have added a site to the exceptions list and have chosen to allow its cookies.
- To allow both first-party and third-party cookies click Allow local data to be set.
- You can enable or disable cookies saved by websites.
SECTION 11 – SHARING INFORMATION WITH THIRD PARTIES
- Trunited does not sell, trade, or rent your information to any unrelated third party. We do not share customer information with outside parties who may wish to market their products to you.
- There are other situations when we may disclose to third parties the customer information we collect as permitted by law. Third parties could include Government entities, courts or other entities (in response to subpoenas and other legal processes), and those whom you have requested us to share information.
- We may disclose the information we collect, with nonaffiliated third parties that are acting on behalf, including companies that perform support services for us, such as data processors, technical systems consultants and programmers or companies that provided services and products for our Trunited Customers, Pointholders and/or Marketers.
SECTION 12 – 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 of any third-party link 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 13 – 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 is 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 14 – PERSONAL INFORMATION
SECTION 15 – 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 16 – YOUR CONSENT
SECTION 17 – PROHIBITED ACTIONS
- 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 Trunited’s 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; or (k) 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.
- Participation in Harmful Actions Against Trunited: If Trunited discovers that You are associated with or are participating with individuals or organizations that are, or plan to harass and cause reputational or financial harm to Trunited, Your Trunited account and your participation within Trunited will be terminated.
- Product Redistribution: Products purchased through trunited.com are prohibited from being resold, redistributed, rebranded, or remarketed without the express written consent of Trunited.
- Holding and/or Controlling Multiple Trunited Accounts: No individual person or entity may create, hold, or control more than one Trunited account.
- Use of Credit Cards: No individual person or entity may use his, her, or its credit card to make purchases for more than three (3) Trunited accounts.
TRUNITED—IN ITS SOLE DISCRETION—HAS THE RIGHT TO TERMINATE AND/OR FREEZE YOUR TRUNITED ACCOUNT FOR ANY REASON AND AT ANY TIME. MOREOVER, ANY BREACH OF THESE TERMS OF SERVICE WILL LIKELY RESULT IN TRUNITED SEEKING ANY AND ALL REMEDIES AVAILABLE TO IT UNDER THE LAWS OF THE STATE OF ARIZONA.
SECTION 18 – 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 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 Trunited, 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 19 – INDEMNIFICATION
- You agree to indemnify, defend and hold harmless Trunited and its parent, subsidiaries, affiliates, partners, officers, founder, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand (including actual attorneys’ fees), resulting from (i) your use, misuse or abuse of the Site, (ii) your misuse of services or goods provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Trunited’s defense of any claim. Trunited reserves the right, at its own expense, to assume the exclusive defense and control or any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Trunited. Moreover, you agree to indemnify, defend, and hold harmless Trunited and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractor suppliers, interns and employees against any suit or claim made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 – 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 21 – THIRD-PARTY BENEFICIARY RIGHTS
- No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
SECTION 22-- FRAUDULENT ACTIVITY
- Trunited reserves the right to investigate any Customer, Pointholder, or Marketer, and any purchase transactions, referral activity, or interaction with any Trunited property that Trunited believes, in its sole discretion, is abusing or has abused the PayPlan 360. Trunited reserves the right to rescind any cash back, bar further cash back awards and/or bonuses to, and/or terminate the membership of, any Customer, Pointholder, or Marketer that Trunited believes, in its sole discretion, is abusing or has abused the PayPlan 360, including, without limitation, by engaging in a pattern fraudulent chargebacks, returning products after the corresponding cash back has been credited, or making fraudulent referrals by creating and/or controlling multiple Trunited accounts. Any failure to comply with these Terms of Service, any fraud or abuse relating to the accrual or receipt of cash back or other rewards and bonuses, or any misrepresentation of any information furnished to Trunited by you or anyone acting on your behalf may result in the termination of your membership in Trunited and forfeiture of your accrued cash back rewards, if any. If Trunited has any reason to suspect fraudulent activity is associated with your Trunited account, Trunited reserves the right to delay or withhold payment of cash back earnings.
SECTION 23 – 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 your account and participation with Trunited at any time by notifying us that you no longer wish to use our Services.
- 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 24 – GOVERNING LAW
- These Terms of Service shall be governed by and construed in accordance with the laws of Arizona.
SECTION 25 – INTELLECTUAL PROPERTY
- The contents of the Trunited website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Trunited and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Trunited. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Trunited.
- Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Trunited or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Trunited copyright.
SECTION 26 – ENTIRE AGREEMENT
- Any failure of Trunited 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 REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND TRUNITED WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS OR REPRESENTATIONS, WRITTEN OR ORAL IN ANY FORM, AND ANY UNDERSTANDINGS BETWEEN YOU AND TRUNITED (INCLUDING WITHOUT LIMITATION, EARLIER VERSIONS OF THESE TERMS OF SERVICE THAT MAY HAVE BEEN ACCEPTED BY YOU). WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF SERVICE AT ANY TIME. YOUR CONTINUED PARTICIPATION IN TRUNITED AFTER MODIFICATION OF THESE TERMS OF SERVICE WILL CONSTITUTE AFFIRMATIVE ACCEPTANCE BY YOU OF SUCH MODIFICATION AND YOUR CONSENT TO ABIDE BY ANY TERMS THEREOF.
SECTION 27 – CHANGES TO 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, 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 28 – CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.