Terms And Conditions of Use
Welcome to TruFlights, Inc. The truflights.com website, TruFlights, Inc. mobile and iPad apps, and our mobile TruFlights, Inc. site are collectively the “TruFlights Properties” and each individually is a “TruFlights Property.” By using any TruFlights Property and its related services, products and software, you agree to be bound by these Terms and Conditions of Use. You also accept the Terms and Conditions of Use when you create an account, make a purchase as a guest, or log in to any TruFlights Property. Additional or separate terms may apply to your interactions with other TruFlights, Inc. websites, TruFlights, Inc. and to your use of individual services or features available on a TruFlights Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms and Conditions of Use, the provisions of the additional terms will govern. References to “TruFlights, Inc.,” “our,” “we,” or “us” may refer to TruFlights, Inc. or any of our affiliates, subsidiaries or designee. We may make changes to any TruFlights Property and these Terms and Conditions of Use. It is your responsibility to review the Terms and Conditions of Use for updates or changes. If you do not agree with the Terms and Conditions of Use, you should not use the TruFlights Properties.
To go directly to specific sections, please click below.
- Use of the TruFlights Properties
- Information on Our Site
- Paying for Your Order
- Order Confirmation
- Proprietary Rights
- User Generated Content
- Notice of Copyright Infringement
- Disclaimers and Limitation of Liability
- Links to Third-Party Websites
- Applicable Law
- Termination of Use
- Additional Policies
Use of the TruFlights Properties
You may use the TruFlights Properties for your personal, noncommercial use only. You may not use any TruFlights Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the TruFlights Properties only with involvement of a parent or legal guardian.
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Information on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other TruFlights Property content is accurate, complete, reliable, current or error-free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
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Paying for Your Order
Generally, we’ll charge your card for an item when you place your order. When we charge your card, we will confirm the item’s availability using the e-mail address you provide to us and let you know when to expect that your order will be shipped. Your item will generally be shipped between 6-8 weeks from the date we charge your card. If we are experiencing a heavy backlog or your item is backordered and will not be able to be shipped within this time frame, we will notify of when we anticipate that your order will ship. Any orders for items that are backordered may be canceled and we will refund you the full amount of the canceled portion of your order.
An RMA (Returned Merchandise Authority) number is required for any returned items. This number can be obtained by notifying firstname.lastname@example.org of the intent to return an item and the reason for return. At that point an RMA number will be assigned if applicable.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order or any other basis. If we reject, limit or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
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All content included on or comprising the TruFlights Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and TruFlights, Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The TruFlights, Inc. logo and other trademarks on the TruFlights Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by TruFlights, Inc. and may not be reproduced, copied or manipulated in any manner without the express, written approval of the trademark owner.
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User Generated Content: Reviews, Comments, Communications and Other Content
You may interact with the TruFlights Properties in numerous ways, including Reviews & Ratings, videos, Questions and Answers, Community Forums, testimonials and e-mail communication. You hereby grant TruFlights, Inc., a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening or harassing.
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Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide TruFlights, Inc.’s Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, your e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TruFlights, Inc.’s designated agent to receive notifications of claimed infringement can be reached by:
Mail: TruFlights, Inc.
24 Highview Lane Mertztown PA 19539
Phone: (610) 682-9764
Fax: (610) 682-9765
For additional information regarding this procedure, please reference 17 USC §512.
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Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TRUFLIGHTS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE, OR FOR TRUFLIGHTS, INC.’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT OR FRAUD.
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Links to Third-Party Websites
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Certain software or other materials that you may obtain through the TruFlights Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws and regulations, and you will not transfer, or encourage, assist or authorize the transfer of any software or other materials to a prohibited country or otherwise in violation of any restriction, law, or regulation.
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You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the TruFlights Properties only for lawful purposes. Activities including, but not limited to, tampering with any TruFlights Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the TruFlights Properties are prohibited.
You may not violate or attempt to violate the security of the TruFlights Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any TruFlights Property for unintended purposes or trying to change the behavior of any TruFlights Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any TruFlights Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of TruFlights, Inc. (impersonating TruFlights, Inc.) or to any TruFlights Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of TruFlights, Inc., including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms and Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any TruFlights Property or any activity being conducted on any TruFlights Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any TruFlights Property other than the search engine and search agents we provide and generally publicly available browsers.
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Any dispute or claim arising out of or relating in any way to your use of any TruFlights Property, or to any products or services sold or distributed by TruFlights, Inc. or through any TruFlights Property will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions of Use.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on us at our main office located at 24 Highview Lane, Mertztown PA 19539. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, TruFlights, Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Berks County, Pennsylvania, the county where our main office is located.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
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THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS OF USE AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST TRUFLIGHTS, INC. ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY TRUFLIGHTS PROPERTY OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY TRUFLIGHTS, INC. OR THROUGH ANY TRUFLIGHTS PROPERTY.
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Termination of Use
We may, in our sole discretion, terminate your account or your use of the TruFlights Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any TruFlights Property at any time without prior notice.
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The following policies also govern your use of the TruFlights Properties and are incorporated by reference into the Terms and Conditions of Use:
- Returns & Exchanges
- Special Offers & Digital Coupons
Prices and offers are subject to change. © 2016 TruFlights, Inc. All rights reserved. TRUFLIGHTS, INC. and the TRUFLIGHTS, INC. logo, are trademarks of TruFlights, Inc.
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