TERMS OF USE

Effective as of July 19, 2022
These Terms of Use ("Terms of Use" or "Agreement") govern the use of www.truereligion.com, the True Religion Application (“TR App”), and any affiliated domains that redirect or link to this Agreement (for purposes of these Terms of Use, these websites, domains, and the TR App are collectively, called the "Site") by all visitors to www.truereligion.com or affiliated websites or domains and individuals who download or use the TR App. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site ("you" or "user"), and True Religion Sales, LLC and its affiliates, the operator of the Site (collectively referred to as "True Religion," "us," "we," or "our"). By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site. If you do not agree to these Terms of Use, do not use the Site and delete the TR App from your Device. Please know that these Terms of Use do not create a confidential relationship between you and us.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against True Religion on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Your use of the Site, including the TR App, is also subject to our Privacy Policy, available here. Therefore, please also review the Privacy Policy carefully prior to using the Site. In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

By using the Site, including downloading the TR App, you represent that you are at least 16 years old.

App-Specific Terms
This section includes some supplemental terms that are specific to the TR App. These terms are in addition to, and not in place of, our broader Terms of Use. All references in the Terms of Use to using the Site includes using the TR App.

In order to use the TR App, you must have internet capability and a compatible device which meets the following minimum specifications:

For iOS, versions iOS14 and iOS15 are officially supported. Although the TR App will operate on older versions of iOS, optimal performance cannot be guaranteed. The TR App no longer supports iOS versions below v12.

For Android, the TR App formally supports versions 8, 9 and 10. Although the TR App is available for versions 5 through 7, True Religion is not bound to fix issues arising from these older versions and so fixes (if required) would only be applied to versions 8 and later.

Any compatible device upon which you download the TR App will be known as a “Device” for the purposes of these Terms of Use. You confirm that you either own the Device, or have obtained permission from the Device’s owner to install and use the App on that Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not you own the Device or made such use.

Lawful Use. By downloading the TR App you agree to comply with any applicable laws, as well as rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). You acknowledge that the TR App’s availability may be dependent on the App Store or Play Store, and acknowledge that the App Store and Play Store are third party beneficiaries to these Terms of Use with the right to enforce these Terms of Use against you. You also acknowledge that True Religion is responsible for providing TR App maintenance and support services, not the App Store or Play Store. You and we acknowledge that, in the event of any third party claim that the TR App infringes a third party’s intellectual property rights, True Religion, not the App Store or Play Store, will be solely responsible for investigating, defending, settling, and discharging such claims, if such infringement was caused by True Religion.

Updates. We may, from time to time and in our sole discretion, develop and provide TR App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the TR App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the TR App, of portions of it, may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the TR App and be subject to all Terms of Use.

Term and Termination. These Terms of Use become effective upon your downloading the TR App and continue in effect unless and until you delete the TR App and all copies thereof from your Device.

Product Information, Accuracy, and Shipping
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your device and we cannot guarantee that your device will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information. We make no representation as to the completeness, accuracy, or currentness of any information on the Site. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy or currentness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice prior to completion of a purchase. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order, confirmation of an offer to sell a product or service, or the availability of a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Additionally, we may refund a purchase if a product becomes unavailable after purchase. We also may require verification of information prior to the acceptance and/or shipment of any order.

Shipping Limitations. When an order is placed and is ready for shipment, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

For additional information regarding shipping, ordering, returns, and exchanges, please see our policy available here: shipping, ordering, returns and exchanges.

Ownership & License
You understand and agree that the Site is owned by True Religion, and that you shall have no ownership right, title, or interest in and to the Site or any of the software / source code or intellectual property on which the Site is based. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on the Site, copy the Site, or modify, translate, adapt, or otherwise create derivative works or improvements of the Site. Furthermore, you agree not to circumvent, reverse engineer, decompile, decode, disassemble modify, or otherwise attempt to derive or gain access to the source code of any of the technical controls, protections, or components of the Site.

You understand and agree that the marks, names, slogans, and/or logos ("Marks") and content appearing in or on the Site are the sole and exclusive property of True Religion, or our partners or licensors. You have no right to use any such Marks or content without the prior written consent of True Religion or the partner or licensor that owns the relevant Mark or content.

True Religion grants you, as a user of the Site, a personal, limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to use the Site, including downloading the TR App (i) solely in accordance with these Terms of Use and (ii) in the ordinary manner in which it was designed to be used. Any other use of the Site is prohibited.

Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you contact us at cs@truereligion.com and we will gladly assist with this matter. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us at legal@truereligion.com.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. As discussed more completely in the Disclaimer of Warranties section of this Agreement, True Religion and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.

Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, U.S. Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Service Provider: True Religion.

Designated Agent to Which Notification Should Be Sent:

True Religion Sales, LLC
Attn: Copyright Agent
500 West 190th Suite 300
Gardena, CA 90248
legal@truereligion.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the 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;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

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

User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, "UGC"). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant True Religion, True Religion's joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "True Religion Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the True Religion Parties may or may not earn or generate through its use of your Submission.

True Religion Parties' Right to Use Your Submission. You grant the True Religion Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the True Religion Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties including without limitation, any social media site utilized by the True Religion Parties. You also grant the True Religion Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.

Clearance of Your Submission for the True Religion Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the True Religion Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the True Religion Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the True Religion Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the True Religion Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the True Religion Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.

Community and Social Media Sites, Chat Rooms, Forums, and Blogs
True Religion wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on True Religion community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than True Religion. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted on True Religion community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user. You alone are responsible for material you post. True Religion does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:

  • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
  • Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts, or involves alcohol, gambling, tobacco or drug use;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
  • Impersonates any person, business or entity, including True Religion and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including True Religion;
  • Contains an advertisement or solicitation or encourages others to make a donation;
  • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
  • Results in the posting or transmission of any message anonymously or under a false name;
  • Permits any person to access, using your account, any features of the Site that may require registration;
  • Results in a single message being posted to more than five areas of the Site or affiliated websites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
  • Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

Although True Religion cannot monitor all content on True Religion community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that True Religion shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by True Religion from time to time. True Religion shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither True Religion nor any of its affiliates shall assume or have any liability for any action or inaction by True Religion with respect to any conduct within the Site or any communication or posting on the Site. True Religion also reserves the right to disclose any information that True Religion believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

True Religion requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

Our Use of Materials
With the exception of any and all Submissions (True Religion permitted use of which is discussed above) and any material posted on True Religion community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of True Religion and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on True Religion community and social media sites, you are granting to True Religion, and to anyone authorized by True Religion, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on True Religion community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant True Religion, and anyone authorized by True Religion, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as True Religion deems appropriate.

The materials available through the Site are the property of True Religion or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Site, and to tell them how to find it.

Linking
We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by True Religion. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

No Soliciting or Spamming
You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.

No Framing
Without the prior written permission of True Religion, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, True Religion or any of their licensors into another website or other service.

Trademarks & Other Intellectual Property
We don't want anyone to be confused as to which materials and services are provided by True Religion and which are not. You may not use any trademark, service mark, copyright-protected image, or other intellectual property appearing on or available through the Site without the prior written consent of the owner.

Disclaimer of Warranties
THE SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, TRUE RELIGION MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ANY DEFECTS OR ERRORS WITH THE SITE OR CONTENT WILL BE CORRECTED; OR THAT USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. ACCESS TO THE SITE MAY BE SUSPENDED OR WITHDRAWN TO OR FROM YOU PERSONALLY OR ALL USERS AT ANY TIME, TEMPORARILY OR PERMANENTLY, AND WITHOUT NOTICE. WE DO NOT WARRANT THAT THE SITE WILL BE COMPATIBLE WITH ALL HARDWARE OR SOFTWARE WHICH YOU MAY USE. WE SHALL NOT BE LIABLE FOR DAMAGE TO , OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPEMENT (INCLUDING BUT NOT LIMITED TO YOUR DEVICE), SOFTWARE, DATA, OR OTHER PROPERTY, AS A RESULT OF YOUR DOWNLOAD OR USE OF THE SITE. FURTHERMORE, WE ARE NOT LIABLE FOR THE ACTIONS OF THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE RELIGION DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TRUE RELIGION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY IS ENFORCEABLE IN NEW JERSEY.

Access and Interference
Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy content from the Site without express written permission.
  • Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.

Termination
True Religion reserves the right, in its sole discretion, to terminate your access and any rights granted herein, as well as to remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to the Site, or a breach of any of these Terms of Use or any additional terms, policies, or rules available in or on the Site. True Religion's failure to take, or delay in taking, any such actions shall not constitute a waiver of its rights to enforce such terms. In addition, we have the right, in our sole, exclusive, and complete discretion, to remove any content if we have reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill.

Remedies
Your access and use privileges of the Site and its content are conditioned upon your adherence to these Terms of Use. As stated above, True Religion has the right to deny you access and use of the Site and its content if you violate (as True Religion may determine in its sole and absolute discretion) any provision of these Terms of Use. True Religion reserves the right to seek all other remedies available at law and in equity.

Links to Other Websites
True Religion is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party websites. Third party websites that are accessed through links on our websites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information. Additionally, True Religion is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by True Religion or its licensors.

Updates to the Terms of Use
True Religion reserves the right to amend these Terms of Use at any time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers, distributor partners, and service providers. When we do, we will also revise the effective date above.

Choice of Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the you or True Religion in connection with the Site, shall be governed by, and construed in accordance with, the substantive laws of California without regard to conflicts of law principles.

Arbitration / No Class Action
By using the Site, you agree that any dispute in any manner arising out of or relating in any way to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") in the Los Angeles, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court. This arbitration provision is equally binding on claims brought by True Religion as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by True Religion, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.

ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor True Religion are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:

  • You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
  • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
  • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other True Religion customers, and cannot be used to decide other disputes with other customers.

If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

Entire Agreement
These Terms of Use contain the entire agreement between you and us regarding the use of the Site and its content and supersede any and all other agreements between us with respect to matters in these Terms of Use.

Assignment of the Agreement
We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or any part of these Terms of Use, to any other party. Any attempt by you to do so is void.

Other
No waiver of any provisions in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Additionally, if any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions.

True Religion enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, True Religion holds the benefit of and may enforce this Agreement on behalf of those affiliates. True Religion reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.

Please contact True Religion at legal@truereligion.com with any questions.

Gift Card Terms and Conditions
These Gift Card Terms and Conditions supplement our broader Terms of Use and apply to all use, purchase, possession, or acquisition of True Religion Gift Cards (“Gift Cards”) on the Site.

Redemption. Gift Cards may only be redeemed by the lawful owner toward the purchase of eligible merchandise goods directly sold by True Religion, or as we may otherwise permit in our discretion. We reserve the right to impose restrictions on the use of Gift Cards, including where Gift Cards may be used and on eligible merchandise. To use a Gift Card, you must present the Gift Card to us prior to purchase. If using the Gift Card on the Site, you can do this by entering the Gift Card’s information during checkout. All qualifying purchases will be deducted from your Gift Card balance and any unused Gift Card balance will remain on your Gift Card. If a purchase exceeds the Gift Card balance, you must pay the remaining amount with other forms of payment that we accept.

Limitations. Gift Cards are not credit cards and are subject to all limitations that we disclose on or in connection with the Gift Card. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash (except as and to the extent required by law). Unused Gift Card balances may not be transferred to any other account, whether offered by us or a third party.

Risk of Loss. The risk of loss and title for Gift Cards passes to you upon our electronic transmission of the Gift Card to you or the designated recipient, or our delivery of a physical Gift Card to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Fraud. True Religion reserves the right, in its absolute and sole discretion, to reject any Gift Card in the event of actual or suspected fraud in obtaining or using the Gift Card.