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Terms & Conditions

TREU ATHLETICS & COMPANY
TERMS OF SERVICE, USE, AND PURCHASE

Welcome to Treu Athletics & Company! This website located at www.treuathletics.com (this "Site") is owned and operated by Treu Athletics & Company, LLC, a subsidiary of Treu Enterprises, Inc. (the “Company”) (collectively with the Company, “Treu Athletics & Company”). Treu Athletics & Company provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Treu Athletics & Company in connection with any of the foregoing (collectively, “Treu Athletics & Company Services”). Treu Athletics & Company provides its products and services subject to these Terms of Service.

By using the Treu Athletics & Company Services, you agree to these conditions. Please read them carefully. These Terms of Service include a mutual arbitration agreement, class action waiver, and limitations on liability.

By accessing or using this Site, mobile application or other Treu Athletics & Company product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Treu Athletics & Company. You must be at least 18 years old to use this Site or Services. Treu Athletics & Company may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Treu Athletics & Company Services or enrollment as a Treu Athletics & Company VIP Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Treu Athletics & Company Services.

ELECTRONIC COMMUNICATIONS

When you use any Treu Athletics & Company Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Treu Athletics & Company Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SMS MESSAGING

When you provide your phone number and opt-in to Treu Athletics & Company text message marketing program (the “Messaging Service”), you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Treu Athletics & Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Reply HELP for help and STOP to cancel. Message & Data rates may apply.

Message frequency will vary. Treu Athletics & Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Treu Athletics & Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Treu Athletics & Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minorcarriers: 1stPoint Communications, Aerialink, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Arctic Slope Telephone Cooperative Association, ATNI (Commnet/Choice Wireless), Bandwidth (Republic Wireless), Bell Mobility, Bluegrass Cellular, BreakAway Wireless, BrightlinkIP, Cambridge Telephone Company, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley, Cincinnati Bell Wireless, Claro (Puerto Rico), Cooper Valley, Coral Wireless (Mobi PCS), Cordova Wireless, COX, Cricket Wireless, Cross, C-Spire, Custer Tel, Digital Communications Consulting (DCC/OTZ Telecommunications), Duet, Element Mobile (Flat Wireless), Enflick (TextNow), Epic Touch (Elkhart Telephone), Fido Mobile, Fizz Mobile, Freedom Mobile, GCI, Golden State, Google Voice, GTA, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Indigo Wireless, Inland Cellular,Inteliquent (Layered/Onvoy/UNREAL/FreedomPop), iWireless (Iowa Wireless), James Valley, Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), MTPCS, NE Colorado, Nemont CDMA (Sagebrush Cellular), Nemont UMTS, Nex-Tech Wireless, NTelos, Nucla-Naturita Tel, Open Mobile (Puerto Rico), Orange, Panhandle Communications, Peerless Networks, Pine Cellular, Pinger (Textfree), Pioneer, Plateau (Texas RSA 3 Ltd), Plivo, PTCI (Panhandle Telephone Coop.), PTI Pacifica (IT&E), Revol, RINA, Rogers Wireless, Sasktel, Simmetry (TMP Corporation), Shelcomm, Silver Star Communications, Snake River PCS (Eagle Tel), SouthernLINC, Standing Rock, Strata Networks, Telnyx, Telus Mobiity, TextMe, Thumb Cellular, Triangle Wireless, Trilogy, Truphone, TSG Global (Flextalk), Tychron, Union Wireless, United Wireless, Viaero Wireless, Videotron Mobile, Viva, Viya, Washington RSA No. 8, West Central (WCC or 5 Star Wireless), and Zipwhip.

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our short code you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Treu Athletics & Company and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Treu Athletics & Company through any other programs you have joined until you separately unsubscribe from those programs. Text the keyword HELP to our short code to return customer care contact information. If you are experiencing any problems with the Messaging Service, you contact us through live chat available 8am - 5pm (EST), Monday - Friday.

TREU ATHLETICS & COMPANY MEMBERSHIP

Treu Athletics & Company provides a membership program that provides you access to the latest athletic wear trends and many other perks. To get started, register, and create a member account through this Site ("Account"). After you have successfully created an Account, you will have the option to select your favorite item(s). There is no registration fee and no obligation to purchase. If you choose to create an Account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Treu Athletics & Company registration form. Registration data and certain other information about you are governed by our Privacy Policy.


NOT MEDICAL ADVICE

You expressly acknowledge and agree that Treu Athletics & Company is not providing medical advice via the Services. All content provided through the Services, whether provided by Treu Athletics & Company or third parties including from any personal trainers, shall not be used as a substitute for professional medical consultation, advice, diagnosis or treatment from a physician or other healthcare professional. You should consult with your physician or other healthcare professional before engaging in any physical activity, exercise program or making any dietary changes. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional.

To the extent permitted by applicable law, Treu Athletics & Company is not responsible for any health problems, injuries or damages that may result from your use of, or inability to use, the Treu Athletics & Company Services, which includes but is not limited to, any training programs, activities, dietary recommendations, consultations, products, events or other information you learn through the Treu Athletics & Company Services. Do not ignore or delay in obtaining professional medical advice or treatment because of information accessed through the Site, or Treu Athletics & Company Services. If think you are experiencing a medical emergency, stop using the Treu Athletics & Company Service and immediately contact a medical professional or your local emergency services.

You expressly acknowledge and agree that the exercise activities offered through the Services carry certain inherent and significant risks of property damage, bodily injury, or death. If you engage in any exercise programs or physical activity through the Treu Athletics & Company Services, you agree that you do so at your own risk and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Treu Athletics & Company or by the action, inaction, or negligence of others. Treu Athletics & Company assumes no responsibility for any act, omission, activity, product or service of any personal trainer featured through the Services. Treu Athletics & Company does not guarantee any results in connection with the Services.

RISK OF LOSS/TITLE

The risk of loss and title for products purchased on the Site or through the Treu Athletics & Company Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Treu Athletics & Company does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Treu Athletics & Company does not take title to the refunded item. Certain products may be shipped from Mexico, and for such goods consumers consent to and authorize G-Broker, Inc., as the US customs broker and G-Broker, Inc., shall act as the consumers agent to transact business with U.S. Customs and Border Protection agency to clear merchandise and account for applicable duties and taxes. 

SALES & USE TAXES

Treu Athletics & Company is not required by law to collect sales and/or use taxes in all states. However, Treu Athletics & Company reserves the right to collect sales tax in any jurisdiction if it believes that such collection is required by law. Treu Athletics & Company also reserves the right to collect fees associated with tariff taxes and surcharges.

For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Treu Athletics & Company does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

Effective July 1, 2022, Colorado imposes a non-refundable retail delivery fee of $0.27 on all deliveries by motor vehicle to a location in Colorado with at least one item of tangible personal property subject to state sales or use tax. Treu Athletics & Company is liable to collect and remit the fee on each order to be delivered to a Colorado address. The fee applies to the entire order regardless of the number of items in an order and how many shipments are needed to deliver the items ordered. The retail delivery fee is not refundable on orders that are returned for a credit or refund including sales tax.

PAYMENT INFORMATION

To make purchases through the Treu Athletics & Company Services you must submit credit card information or another valid payment method that is acceptable to Treu Athletics & Company. You represent and warrant to Treu Athletics & Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Treu Athletics & Company to use any updated credit card information submitted by your credit card company directly to Treu Athletics & Company and if there is no updated credit card information Treu Athletics & Company may use additional payment methods you have provided as a default payment option. If you dispute any charges, you must inform Treu Athletics & Company within thirty (30) days upon receipt of Treu Athletics & Company invoice. We reserve the right to change Treu Athletics & Company prices and fees required to purchase items. Your continued use of the Treu Athletics & Company Services after the price change becomes effective constitutes your agreement to pay the changed amount.

ACCOUNT CONFIDENTIALITY AND ACCESS 

You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Treu Athletics & Company Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Treu Athletics & Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access, or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of Treu Athletics & Company Services is in compliance with these Terms of Service. You further acknowledge and accept that Treu Athletics & Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Treu Athletics & Company immediately of any unauthorized access to your Account or any other unauthorized use of any Treu Athletics & Company Services.

You agree that Treu Athletics & Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Treu Athletics & Company believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Treu Athletics & Company sole discretion and that Treu Athletics & Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. 

PROHIBITED USES

Any and all Treu Athletics & Company Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, using the Apps, purchasing products, providing information to Treu Athletics & Company, and downloading product information for your personal review. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons or otherwise undertake any endeavor aimed at deriving revenue. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Treu Athletics & Company specifically prohibits any use of the Treu Athletics & Company Service, and requires all users to agree not to use the Treu Athletics & Company Services, for any of the following: 

• Posting any information which is incomplete, false, inaccurate or not your own;

• Creating multiple accounts for the same user;

• Accessing data not intended for you or logging on to a Treu Athletics & Company server or account, which you are not authorized to access;

• 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 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 this Site’s or the Apps’ network security, or attempting to use this Site’s or the Apps’ service to gain unauthorized access to any other computer system;

• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;

• 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 this Site, or the Apps, Treu Athletics & Company provision of services to any other visitors or users to this Site or the Apps, Treu Athletics & Company hosting provider or networks, including, without limitation, via means of submitting a virus to this Site or the Apps, overloading, "flooding", "mailbombing" or "crashing" this Site or the Apps;

• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site or the Apps.

USER CONTENT

Any and all content, comments, feedback, advice, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Treu Athletics & Company Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Treu Athletics & Company and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Treu Athletics & Company 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 products that incorporate or otherwise rely upon such information. Treu Athletics & Company 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. You are solely responsible for your use of any User Content you post, including the transmission, accuracy, and completeness of the User Content. In addition, relying on any User Content by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Treu Athletics & Company be responsible or liable for any loss or damage resulting from your reliance on information, advice or other User Content provided by any user of our Services. Treu Athletics & Company 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.

By connecting to Treu Athletics & Company with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

If you utilize your Facebook account to access and use the social features available through the Treu Athletics & Company Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Treu Athletics & Company is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use Treu Athletics & Company Services and its social features, you agree to respect other users of Treu Athletics & Company Services in your interactions with them. Treu Athletics & Company reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Treu Athletics & Company and its employees, agents and affiliates 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.

PRODUCT INFORMATION

Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Treu Athletics & Company reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Treu Athletics & Company has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Treu Athletics & Company cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Treu Athletics & Company is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS

All orders placed through any Treu Athletics & Company Services are subject to Treu Athletics & Company acceptance. This means that Treu Athletics & Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card or payment method has already been charged for an order that is later cancelled, Treu Athletics & Company will issue you a refund.

INTELLECTUAL PROPERTY RIGHTS

All content, graphics, text, code and software used on or incorporated into this Site and/or any Treu Athletics & Company Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Treu Athletics & Company and all rights thereto are specifically reserved. As between you and Treu Athletics & Company, (or any other company whose marks appear on any of the Treu Athletics & Company Services), Treu Athletics & Company (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 any of the Treu Athletics & Company Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Treu Athletics & Company logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Intellectual Property") are owned by Treu Athletics & Company and may be registered in the United States and internationally. You agree not to display or use the Treu Athletics & Company Intellectual Property in any manner without Treu Athletics & Company prior written permission. Nothing contained on this Site or in any of the Treu Athletics & Company Services should be construed to grant any license or right to use any Treu Athletics & Company Intellectual Property without the prior written consent of Treu Athletics & Company.

Except as otherwise provided herein, use of the Treu Athletics & Company Services does not grant you a license to any materials, content or features you may access on this Site or via the Treu Athletics & Company Services 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 Treu Athletics & Company Services is strictly prohibited, except as 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 Treu Athletics & Company. If you make use of the Treu Athletics & Company Services, 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 contained in the Treu Athletics & Company Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Treu Athletics & Company publishes information within the Treu Athletics & Company Services as a convenience to its visitors. While Treu Athletics & Company 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 Treu Athletics & Company Services at any time without notice. The Treu Athletics & Company products described in the Treu Athletics & Company Services may not be available in your region. Treu Athletics & Company does not claim that the information on this Site or the Apps is appropriate to your jurisdiction or that the products described in the Treu Athletics & Company Services will be available for purchase in all jurisdictions.

YOUR USE OF THE TREU ATHLETICS & COMPANY SERVICES ARE AT YOUR SOLE RISK. TREU ATHLETICS & COMPANY SERVICES AND THE PRODUCTS OFFERED THROUGH THE TREU ATHLETICS & COMPANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREU ATHLETICS & COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TREU ATHLETICS & COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE TREU ATHLETICS & COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, APPS OR THE SERVER THAT MAKES THE SITE AND APPS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE TREU ATHLETICS & COMPANY SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.  

TREU ATHLETICS & COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE APPS OR THE TREU ATHLETICS & COMPANY SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TREU ATHLETICS & COMPANY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS, DATA, OR USE EVEN IF TREU ATHLETICS & COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TREU ATHLETICS & COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE APPS OR THE TREU ATHLETICS & COMPANY SERVICES OR FROM ANY INJURIES OR DAMAGES SUSTAINED FROM YOUR PHYSICAL ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF TREU ATHLETICS & COMPANY OR OTHERS.

TREU ATHLETICS & COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE APPS OR THE TREU ATHLETICS & COMPANY SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. TREU ATHLETICS & COMPANY SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TREU ATHLETICS & COMPANY SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TREU ATHLETICS & COMPANY SERVICES. IF A PRODUCT OFFERED THROUGH THE TREU ATHLETICS & COMPANY SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.

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

INDEMNITY AND RELEASE

You agree to indemnify and hold Treu Athletics & Company and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Treu Athletics & Company Services by you or any other person accessing the Treu Athletics & Company Services using your Account; (b) the use of, or connection to, the Treu Athletics & Company Services by you or any other person accessing this Site or the Apps using your Account (including negligent or wrongful conduct); including any exercise activities provided by personal trainers or interaction with any users of the Service or (c) your breach or attempted breach of these Terms of Service.

DISPUTE RESOLUTION GOVERNING LAW

Use of the Treu Athletics & Company Services, any purchases made through the Treu Athletics & Company Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Treu Athletics & Company Services, your purchases through the Treu Athletics & Company Services, and/or your Account, or products purchased through the Treu Athletics & Company Services (collectively, “Disputes”) shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

All Disputes between Treu Athletics & Company and you must be commenced within one (1) year after the claim or cause of action arose.

FORUM SELECTION/JURISDICTION

Jurisdiction and venue for all Disputes shall be in Phenix City, Alabama. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Treu Athletics & Company Services shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Treu Athletics Headquarters, 3201 S Railroad Street, Unit 21, Phenix City, AL 36867. In your request, please specify that you want a "Your Treu Athletics & Company Services California Privacy Rights Notice". Please allow 30 days for a response.

GENERAL INFORMATION

These Terms of Service constitute the entire agreement between you and Treu Athletics & Company and govern your use of the Treu Athletics & Company, and they supersede any prior agreements between you and Treu Athletics & Company Services. You also may be subject to additional terms and conditions that are applicable to certain parts of Treu Athletics & Company Services. Treu Athletics & Company may terminate this Agreement and deny you access to the Treu Athletics & Company Services at any time, immediately and without notice, if in Treu Athletics & Company sole discretion you fail to comply with any provision of these Terms of Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between Treu Athletics & Company and you as a result of this Agreement or your use of the Treu Athletics & Company Services.

The failure of Treu Athletics & Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service 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 Treu Athletics & Company express written consent. The Terms inure to the benefit of Treu Athletics & Company successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Updated: May 8, 2023

Privacy Policy

Your privacy is very important to us. This privacy policy addresses how TFG Holding, Inc. and its subsidiaries, Treu Athletics & Company, LLC (d/b/a Treu Athletics & Co), Treu Enterprises LLC (d/b/a Treu Athletics & Company (collectively, "Company") collect and use information you provide. By visiting www.treuathletics.com (this "Site"), and providing your information to us, you agree to accept the practices described in this Privacy Policy.
 
What Information Is Collected

We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. We may also collect certain demographic information such as your Site preferences, sizes, age, gender, geographical location, language, time zone, income, and education (some of the information we ask for may be optional). Treu Athletics & Company may use or disclose aggregate information for any purpose.
 
How We Use Your Information
We collect personal information to make our services related to this Site (the "Services") more rewarding for you to use, including billing, shipping, and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers' preferences and improving customer experience on the Site. We may also use your information to contact you for promotional purposes and provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities. We may combine information about you with information from other sources in order to improve the quality of our Services.
We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents, and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
 
How Is This Information Shared
There are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
•    We do not sell any of your personal information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you and do afford you the option to opt-out of sharing this information.
•    We may share information about you with trusted third parties in order to improve your customer experience. These third parties may contact you about products, services, or promotions you may be interested in, or to otherwise improve your customer experience with this Site.
•    We may share information about you, such as your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us via our third-party advertising partners and its service providers, in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partners will make the data we provide to it anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative by clicking here.
•    As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
•    When we believe in good faith that disclosure is necessary to protect the rights, property and safety of Treu Athletics & Company, its users, or the public.
•    As required by law, to comply with a judicial proceeding or court order, to exercise our rights, or to defend against any claims.


Cookies and Web Beacons
This Site uses cookies and web beacons to gather aggregated, non-personally identifiable information in order to help us better understand user behavior, tell us which parts of this Site users have visited, and facilitate and measure the effectiveness of advertisements and web searches. Such information may be shared with trusted third parties, but the information will not personally identify you. To the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information. As we develop this Site, we may gather additional information from you through the use of other technologies.
 
Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies to collect anonymous information about how you use this Site by setting and accessing cookies on your computer. These cookies track information such as how often you visit our Site, what pages you view, and where you go after you leave our Site. The cookies are not connected to your personal information. We recommend that you leave cookies turned on because they allow you to take advantage of some of this Site's features. You also have the ability to restrict the use of cookies and advertising IDs:
•    You can use your browser’s settings to clear, delete or prevent cookies. We cannot control cookies that you have stored on your browser and recommend deleting all current cookies. Instructions for how to do this on different types of browsers can be found here: https://www.allaboutcookies.org/manage-cookies/.
•    We use Google Ads and Google Analytics to serve and measure advertising. Please go here and here to opt-out of any personalized ads and cookies.
•    We also use Facebook to help serve advertising. Please go here to control Facebook’s use of cookies.
•    You may also find more information on our use of cookies and how to manage them in the Sections titled "Cookies and Web Beacons" and "Opting Out," above your Cookie Preferences, located in the footer of this Site.
 
Web Beacons
Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.\\\\


Security
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Site, please contact us as indicated below.
 
Opting Out
We may occasionally send you newsletters and emails regarding special offers, promotions, features and/or product updates. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third-party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. Note however that as a user of the Services you cannot opt out of some administrative communications that are reasonably necessary to the Services, such as billing or service notifications. You may also opt-out of certain targeted advertising by visiting http://www.networkadvertising.org/choices, https://www.networkadvertising.org/mobile-choice or http://www.aboutads.info/choices.

Links to Other Sites
This Site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. This privacy statement applies only to information collected by this Site. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This Privacy Policy does not cover any information that you disclose to such sites or that they may collect. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there. This Site may enable you to post comments, reviews, and other information on publicly available areas of this Site. Any information you post in these areas of this Site will be available to all of our users, so please use caution in disclosing any personal information when you post such comments, reviews, or other information.

Updating or Deleting Your Online Account Information
You may update or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us by phone if you wish to deactivate your account but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
 
Children Under 18
Children under 18 may view this Site, but they cannot make a purchase or provide any personal information. This Site is not designed for children, and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account. You must be 18 or over to purchase any products from this Site. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
 
Exclusion to This Privacy Policy
This Privacy Policy shall not apply to any unsolicited information you provide to Treu Athletics & Company through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as review sections and forums (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential, and Treu Athletics & Company shall be free to reproduce, use, disclose, distribute, and exploit such Unsolicited Information without limitation or attribution.

Amendments or Modifications to this Privacy Policy
We reserve the right to amend this Privacy Policy at any time without prior notice. Notice of any change will be posted on this Site. Please check this page periodically for changes. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of this revised Privacy Policy.

Contact Us
If you have any questions regarding the use of our Site or Privacy Policy, please contact us at:
Treu Athletics & Company
Attn: Privacy Department
3201 South Railroad Street, Unit 21
Phenix City, AL 36867
Or contact us via live chat 
 
Updated on May 8, 2023

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