Conditions of Use

Welcome to trulyfreemarket.com! We are excited to have you as part of our innovative and thriving online community. Our commitment to our Partners, Members, Sellers, and other users is to provide a transparent and fair marketplace with unique benefits for all.

Please review these Conditions of Use (these "Conditions") carefully and Our Privacy Notice, which govern your use of trulyfree.com and our other websites (Our "Website"), our Truly Free Market marketplace (Our "Marketplace"), Our mobile applications and other software (Our "Apps"), Truly Free Social, and our other services that may be available to you (collectively with our Website, Marketplace, Truly Free Social, and Apps, our "Services"). Please also review our Terms of Service and each other applicable set of terms, conditions, policies, codes, and guidelines applicable to you and your specific use of our Services (collectively with these Conditions and our Privacy Notice, the "Terms").

By creating an Account or accessing or using our Website or any other Service, you are agreeing to these Conditions, Our Privacy Notice, and, to the extent applicable, the other Terms on behalf of yourself or the business you represent, all affiliates of you or that business, and anyone who uses your Account or accesses the Our Services through or on your behalf ("you" or "your").

Introduction

Truly Free Market, Inc., a Delaware corporation ("TFM", "we", "our", or "us"), operates the Website and Marketplace as an online marketplace that enables Marketplace retailers (who are referred to as "Sellers") to market and sell products to Marketplace customers (who are referred to as "Members"). Members place orders with Sellers through the Marketplace. Additionally, our "Partners" are our affiliate marketers who may earn commissions through our "Partner Program" by referring Members, Sellers, and other Partners. TFM also offers Apps, Truly Free Social, and other Services that may be available to you, including Truly Free Accelerator and Truly Free Sherpa. These Conditions and the other applicable Terms govern each Member's, Partner's, Seller's, and other user's access or use of our Website, our Marketplace, our Apps, Truly Free Social, and our other Services that are made available to them.

THESE CONDITIONS AND THE OTHER TERMS APPLICABLE TO YOU CREATE A LEGALLY-BINDING AGREEMENT BETWEEN YOU AND US. In the event of conflict between these Conditions and any other Terms applicable to you, such other Terms will control to the extent of the conflict but these Conditions will otherwise continue to apply to you.

Privacy

Please review our Privacy Notice, which governs your use of our Services.

Electronic Communications

When you use a Service or send electronic communications (e.g., emails, text messages, etc.) from your desktop or mobile device to us, you may be communicating with TFM electronically. You consent to receive communications from us electronically, or notices and messages on or through our Services. You may retain copies of these communications for your records. 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.

Intellectual Property

We retain ownership of and all other rights to our intellectual property, including all software, code, and other intellectual property in the Website, Apps, and other Services. If you provide suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to a Service, you agree that we are free to use, disclose, reproduce, modify, license, transfer and otherwise exploit it for our benefit, without owing any royalty or other obligations to you. In order to cooperate with governmental requests, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using Services, you are responsible for any actions you take based on our suggestions, for which we have no liability.

All content included in or made available through a Service by TFM, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, or software, is the property of TFM or the relevant content suppliers and protected by United States and international copyright and other intellectual property laws. You agree that we exclusively own all TFM content and other TFM intellectual property, including any goodwill generated through your use of any of them. You further agree that We exclusively own the names, logos, trademarks, domain names, and URLs and all other names, logos, trademarks, domain names, and URLs owned, licensed, or used by TFM or made available to you by TFM (Our "Marks"). You agree not to use Our Marks except as expressly authorized by Us and not to take any action that conflicts with our ownership and other rights in our Marks or other intellectual property. Below is a non-exhaustive list of Our Marks:

  • TRULY FREE;
  • TRULY FREE MARKET;
  • TRULY FREE MARKET, INC.;
  • TRULY FREE, INC.;
  • TFM leaf logo;
  • TRULY FREE SOCIAL;
  • TRULY FREE SHERPA;
  • TRULY FREE XCHANGE;
  • TRULY FREE SHERPA FULFILLMENT;
  • TRULY FREE ACCELERATOR; and
  • trulyfreemarket.com.

All such Marks are trademarks, registered trademarks, or trade dress of TFM or its affiliates in the United States and/or other countries. TFM's Marks may not be used in connection with any product or service that is not TFM's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TFM. All other trademarks not owned by TFM that appear on the Marketplace are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TFM.

You agree that you will not misuse the Website or other Services, including by engaging in any of the following:

  1. Accessing, tampering with, or using non-public areas of the Website or other Services or the technical delivery systems of the Website or other Services;
  2. Attempting to decipher, decompile, disassemble, reverse engineer, avoid, bypass, remove, deactivate, impair, descramble probe, scan, test, breach, or otherwise circumvent any technological or security measure implemented by us or others to protect or provide the Website or other Services;
  3. Attempting to access or search the Website or other Services through the use of any engine, software, tool, agent, device, or mechanism (including: spiders, robots, crawlers, scrapers, data mining tools, or the like) other than tools that access or search the Services through software or search agents provided by TFM, its Services, or other generally available third-party web browsers;
  4. Forging any transmission control protocol packet or header, intellectual property packet or header, or any part of the header information in any email or newsgroup posting, or in any way using the Website or other Services to send altered or deceptive information;
  5. Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, junk mailing, unauthorized advertising, or any form of solicitation via the Website or other Services; or
  6. Collecting or storing any personally identifiable information from the Website or other Services from other users of the Website or other Services without their express prior permission or in a way that violates our Privacy Notice.

TFM will have the right to investigate and prosecute violations of any of the above or other violations of these Terms, including intellectual property infringement and security breach violations, to the fullest extent of the law. TFM may involve and cooperate with law enforcement authorities in prosecuting users who violate or are suspected of violating these Terms or applicable law.

You agree that we are entitled to enforce this section through specific performance, without limiting our other remedies available in law or equity.

Please see our Member Terms of Service, Partner Terms of Service, and Seller Terms of Service for more terms about intellectual property rights and any license we may grant to Members, Partners, and Sellers to access them.

If you believe that your intellectual property rights are being infringed through a Service, please contact us at the email address provided in the Contact Us section herein.

License and Access

Subject to your acceptance and compliance with these Conditions and all other applicable Terms, your payment of any applicable fees, and your compliance with all other conditions of eligibility, TFM or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and make personal and non-commercial use of the Website, Truly Free Social, and any App authorized for you only (the "License"). Any use of the Marketplace or other Services is subject to the applicable Terms governing such use, including your acceptance of them and the limited scope of the specific license to such Service therein. The License in these Conditions to use the Website, Truly Free Social, and any authorized App is limited to ordinary access and use of the Website, Truly Free Social, and App only for personal, noncommercial purposes, and does not include any resale or commercial use of the Website, Truly Free Social, or App or their contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Website, Truly Free Social, or App product, service, or their contents; any downloading, copying, or other use of Website, Truly Free Social, or App or account information for the benefit of any third party; any use of data mining, robots, or similar data gathering and extraction tools; or any other use of the Website, Truly Free Social, or App that is not expressly authorized by us. Any commercial use of the Website, Truly Free Social, any App, or any other Service is conditioned on your eligibility for and acceptance of the Terms expressly authorizing such commercial use, such as the Sellers Terms of Service and Partner Terms of Service.

All rights not expressly granted to you in these Conditions or any Terms applicable to you are reserved and retained by TFM or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service or part of any Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of TFM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TFM without express written consent. You may not use any meta tags or any other "hidden text" utilizing TFM's name or trademarks without the express written consent of TFM. You may not misuse Services. You may use Services only as permitted by law. The licenses granted by TFM terminate if you do not comply with these Conditions or other applicable Terms.

Our Apps

Your use of an App is subject to these Conditions and the other applicable Terms that apply such as the documentation provided with each App.

You may use each App only with our authorization and solely for the purpose of enabling you to use Our Services as provided to you, which may include enabling you to use the Website, Marketplace, Truly Free Social, or other Service on a mobile device. When you use an App, you may be requested or required as a condition to use to accept additional Terms and to grant certain permissions to us for your device. Most mobile devices provide you with information about these Terms and permissions prior to download. You agree to review the documentation provided with each App and available with respect to your device and its permissions prior to granting any permissions.

You may not incorporate any portion of an App into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license an App in whole or in part. All Apps and other software used in any Service is the property of TFM or its software suppliers and is protected by United States and international copyright laws and other intellectual property laws. You may not reverse engineer, decompile, disassemble, tamper with, or bypass any security associated with an App, whether in whole or in part.

When you utilize an App, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use or service, and fees of these third parties.

We may offer automatic or manual updates to an App at any time, with or without notice to you.

If you are a United States Government end user, we are licensing the App to you as a "Commercial Item" as that term is defined in the United States Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the App are the same as the rights we grant to all others under these Conditions.

In the event of any conflict between these Conditions, any other Terms, or any other TFM or third-party terms approved by us and applicable to any portion of App, such as open-source license terms, such other terms will control as to that portion of the App and to the extent of the conflict.

Your Account

You may need your own account to use certain Services (an "Account"), whether as a Member, Seller, Partner, or other user, and you may be required to be logged into the Account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your Account, and you will remain responsible for all unpaid charges. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account. You further agree to accept responsibility for all activities that occur under your Account or password.

You are responsible for providing us valid, accurate, and updated information at registration and promptly as requested, and for protecting your Account's security. Personal data that you provide us will be handled in accordance with our applicable Privacy Notice. By providing us information, you represent and warrant that you are authorized to do so, that all identified individuals are legally authorized to act on your behalf, and that the information is valid and accurate. We may require that you complete an Internal Revenue Service Form W-9, and may also require other documents, actions, and agreements as a condition to your eligibility or continued use of Services.

We reserve the right to reject registration and deny you use of the Website or other Services for any reason, either before or after your Account is established. Use of Our Services is limited to persons that can lawfully enter into and form contracts under applicable law. Our Services are not intended for children under 16 years of age. Any child under the age of 16 intending to utilize a Service may only do so with the involvement and express consent of an adult parent or guardian. Please see our Privacy Notice for more information about children under the age of 16's use of Our Services.

TFM reserves the right to refuse Service, terminate Accounts, terminate your rights to use Services, remove or edit content, or cancel orders in its sole discretion.

Truly Free Social

Truly Free Social is a social media platform Service integrated into the Website and Marketplace, which may be accessible through Our Apps. We make Truly Free Social available to our Partners, Sellers, and Members, as well as certain other users. If you receive access to Truly Free Social, you may use Truly Free Social subject to these Conditions for personal, non-commercial purposes. Any other use is prohibited except as expressly permitted by other Terms to which you have agreed, such as Our Seller Terms of Service and Partner Terms of Service.

You agree that you will use Truly Free Social only in accordance with applicable law and these Terms, including the Your Content section below. You further agree that you will comply with our Community Guidelines that we may establish. We reserve the right to remove Content for any reason, including because it violates our Community Guidelines or other provisions of these Terms. We intend for Truly Free Social to be a tool for open discussion and honest Feedback. We intend to respect all user's voice and value the freedom of expression. We intend to keep these principals of respect and valuing free expression in the forefront of every decision we make regarding Truly Free Social and the content posted to it. This includes that we intend to respect and value the Feedback that Members, Partners, and others provide on products and our Sellers. You acknowledge and agree that we have no obligation to remove negative Feedback, and we do not intend to do so unless we are aware of material violations of our Community Guidelines or violations of applicable law.

You further acknowledge and agree that you may be exposed to Content that might be offensive, harmful, inaccurate, disparaging, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via Truly Free Social or other Services and we do not take responsibility for such content.

We may suspend or terminate your access to Truly Free Social or any portion of its functionality (for example, prohibit you from posting or removing your posts) for any reason. Your access to Truly Free Social will terminate upon TFM decision to suspend or terminate your access to Truly Free Social for any reason. You will cease to have access to your Truly Free Social account, posts, followers, and all other benefits of Truly Free Social upon suspension or termination. You agree not to contact or solicit Sellers, Partners, or Members or your other followers after termination of your Truly Free Social account using information obtained from or through us, a Service.

Your Content

Your "Content" includes your websites, name, logos, trademarks, domain names, URLs, information, text, links, graphics, photos, audio, videos, or other materials that you own or license and either provide to us or post on the Website, Truly Free Social, or any other Service or into which you place our links or supplied content. However, your Content does not include Our links, Our supplied content, Our Marks, or any of our other intellectual property or intellectual property rights, which we retain.

TFM claims no ownership of your Content. However, you grant us an unlimited, non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, irrevocable license to use your Content that you post on or otherwise contribute to the Website, Truly Free Social, or other Services, in addition to and without limiting our rights of fair use and other rights we may have under applicable law. Our license to use your Content includes that we may reproduce, distribute, display, transmit, promote, publish, and otherwise digitally make available your Content to Sellers, Members, Partners, and others through the Website, Marketplace, Truly Free Social, Our Apps, or another Service.

You acknowledge that TFM may, but has no obligation to, monitor your access to or use of the Website, Truly Free Social, Apps, or our other Services or review or edit any Content you post or share to Truly Free Social or other Services. You are solely responsible for your Content and for any damage or liability resulting from it, and represent that: (A) you have all necessary rights to your Content and to deliver and license it to us and post it; (B) you are not infringing on another party's intellectual property via your Content; and (C) your Content is not false, misleading, disparaging, illegal, or in violation of our Terms or applicable law.

Your Content must comply with our Community Guidelines, which include without limiting that you agree not to post any Content on Truly Free Social, the Marketplace, or other Services that is or contains or features:

  1. Obscene, offensive, vulgar, or defamatory content, including:
    1. Sexually explicit / adult content or products;
    2. Violence, tragedy, harassment, or hate;
    3. Divisive politics;
    4. Intolerance, threats, racism, bigotry, or discrimination; or
    5. Inappropriate language or conduct, including trolling and bullying;
  2. Human or Animal cruelty, harm, or trafficking;
  3. Alcohol, tobacco, drugs, drug paraphernalia, or medical drugs;
  4. Firearms, ammunition, other weapons, fireworks, or explosives;
  5. Hazardous materials, dangerous activities, or self harm;
  6. Illegal items or that shows or encourages illegal activity;
  7. Gambling;
  8. Any false, misleading, disparaging, or illegal statements or assertions, including unjustified product claims;
  9. Pyramid schemes or any other prohibited form of solicitation;
  10. Answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; or
  11. Any other Content that we believe to be objectionable or that we may otherwise prohibit from time to time, in our sole discretion.

Although we have no obligation to do so, you agree that we may remove your Content from our Services for violating the foregoing or for any other reason, and that we are not liable to you for doing so.

Ratings, Reviews, and Other Feedback

The Website, Truly Free Social, and other Services may provide mechanisms to rate and allow Members and Partners to rate and review products, customer service, and performance and to provide other feedback ("Feedback"). You have no ownership of or interest in any Feedback. You agree that we have no responsibility to you or liability for any Feedback, including that we have no obligation to verify referrals, purchases, identities, or authenticity. You agree that we may make Feedback publicly available on the Website, the Marketplace, on Truly Free Social, and through other Services or otherwise, and that we will never be liable to you for defamation, libel, slander, or otherwise as a result of doing so. You agree that you use our Services, including the Website, Marketplace, Our Apps, and Truly Free Social, at your own risk.

The Marketplace and other Services may provide you with opportunities to respond to Feedback. Your responses are Content. You agree that your Feedback and your responses to Feedback will be truthful, respectful, and professional and in compliance with our Community Guidelines as well as all other Terms that apply to Content.

Risk of Loss

TFM is not liable for any lost or damaged products purchased through the Marketplace. Risk of loss or damage to any goods purchased through the Marketplace pass from the Seller to the purchasing Member upon delivery of the goods to the carrier or to the purchasing Member's designated delivery point. Sellers assume full responsibility for any loss, damage, or theft of goods prior to such transfer, and the purchasing Member assumes full responsibility for any loss, damage, or theft of the goods after such transfer. TFM never bears the risk of loss.

Product Descriptions and Endorsements

TFM intends for product descriptions and endorsements to be as accurate as possible. However, descriptions and endorsements of products available on the Marketplace are written by individual Sellers, Partners, and other third parties. We might not monitor and have limited capability to control such descriptions and endorsements posted on the Website, Marketplace, Truly Free Social, or other Services and, we do not take responsibility for such descriptions. We further do not warrant that product descriptions, endorsements, or other content is accurate, complete, reliable, current, or error-free.

Sanctions Prohibitions

You may not use the Website, Marketplace, Truly Free Social, or other Services if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are using Services.

Imports and Exports

You must comply with all United States or other export and re-export and import restrictions, laws, and other requirements that may apply to goods, software (including App), technology, and services. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported, or transmitted, any commodities, software, or technology to any country, individual, corporation, organization, or entity to which such action is restricted or prohibited by applicable law.

Disclaimers and Release

We will not be liable for any delay or failure to perform any of our obligations under these Terms by reasons, events, or other matters beyond our reasonable control.

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND OUR OTHER SERVICES, AS WELL AS ANY INFORMATION PROVIDED IN RELATION TO SUCH SERVICES, ARE PROVIDED "AS-IS". YOU USE OUR SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM: (A) ANY REPRESENTATIONS OR WARRANTIES REGARDING OUR SERVICES OR ANY OFFER, PURCHASE, OR SALE OF PRODUCTS ON THE MARKETPLACE OR THROUGH OTHER SERVICES, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (B) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE OR OTHER ACT OR OMISSION. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

BECAUSE WE ARE NOT INVOLVED IN TRANSACTIONS BETWEEN MEMBERS, SELLERS, PARTNERS, OR OTHERS IN RESPECT OF OUR SERVICES, WE HAVE NO LIABILITY WITH RESPECT TO ANY SUCH TRANSACTIONS AND IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES US (AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, TREBLE, OR OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THESE TERMS OR OUR SERVICES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR TREBLE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUR SERVICES, OR RELATED MATTERS WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS THAT WAS PAID BY YOU TO US IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM.

Governing Law

These Conditions and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict-of-law principles. Any claims arising out of these Conditions will be filed and heard exclusively in a state or, in the event that the jurisdiction of a federal court is appropriate, federal district court sitting in the United States District Court for the District of Delaware. The Convention on Contracts for the International Sale of Goods is expressly disclaimed and does not apply.

Legal Processes and Claims Information

TFM accepts service of subpoenas or other legal process only through TFM national registered agent, VCorp Agent Services, Inc. ("VCorp"). Subpoenas or other legal process may be served by sending them to VCorp at the following address:

Truly Free Market, Inc.

VCorp Agent Services, Inc.

108 West 13th Street, Suite 100

Wilmington, Delaware 19801

Attention: Legal Department – Legal Process

Please note that providing complete, detailed, and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, email addresses and/or credit card details used by a Member to make purchases through our Marketplace; the name, email, and physical address of a Seller for Seller information; etc.

If you believe that your intellectual property rights have been infringed, please submit your complaint via email to the email address provided in the Contact Us section herein.

Claims concerning copyright infringement must include the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on TFM's Marketplace, Truly Free Social, or any other TFM Service;
  4. Your contact information, including your address, telephone number, and email address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Miscellaneous

You may not assign these Terms, by operation of law or otherwise, without our prior written consent. You agree that we may assign and delegate our rights and obligations under these Terms without limitation, including that we may engage third parties to provide Services on our behalf without notice or obligation to you. Subject to the foregoing, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates or subcontractors.

We may provide notice to you under these Terms by posting to your Account, by email, or by physical mail to the last known address in our records. You consent to such communications, with delivery deemed to occur when sent. You may change your email addresses and certain other information through your Account. You must send all notices and other communications relating to us to the email address provided in the Contact Us section herein.

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Conditions to such extent and will not affect the validity and enforceability of any remaining provisions.

The terms "including", "such as", and "for example" mean "including without limitation". The term "discretion" means "sole discretion without obligation of good faith or otherwise".

These Terms, including our Privacy Notice and all Terms applicable to you, represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.

Truly Free, Inc. is not a party to these Terms or a provider of any Services.

Contact Us

Any questions you may have about our Conditions can be directed to [email protected].

Changes to These Conditions

We reserve the right, in our discretion, to update, change, or replace any part of these Conditions or any other Terms by posting any substantive updates on or before their effective date. If you do not agree with any of the updated provisions of these Conditions or other Terms, your sole recourse will be to discontinue use of our Website and all other Services and your status as a Member, Seller, and Partner with Us. If you do not do so, your continued use of the Website or any other Service constitutes your acceptance and agreement to the update, change, or replacement. We may also ask that you confirm your acceptance and agreement, but doing so does not limit or revoke your acceptance and agreement by use.

Version: 00001 Last updated: February 27, 2025