The site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the site, you represent and warrant that you are of legal age to form a binding contract with TruSense and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Links to Third-Party Websites
The Site may provide hyperlinks to third-party websites as a convenience to users of the Site (each, a “Third-Party Site”). We do not control Third-Party Sites, and we are not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. We do not endorse, recommend, or approve any Third-Party Site, and we will have no liability to any person or entity for the content or use of the content available through such hyperlink.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Free or Promotional Offered Equipment
If you have received free or promotional equipment, the Company performs an authorization of Subscriber’s credit card at the time of Application to ensure that the information provided is associated with a valid, open account that can be charged successfully in the future for subscription services. The authorization is not a charge, and will drop off of Subscriber’s account. If the authorization request is denied by Subscriber’s bank then Company will not process the order against this card. In such event, Subscriber should use another valid payment method. Company will not ship equipment to Subscriber without a valid payment method with an open account.
a. Upon termination of this Agreement at any time after 12 months from the Commencement Date, Subscriber is not obligated to return equipment provided by the Company as either a free or promotional offer (“Promotional Equipment”).
b. Upon termination of this Agreement within 12 months from the Commencement Date, Subscriber is obligated to return the Promotional Equipment as follows:
i. If the Promotional Equipment is returned within 60 days of the Commencement Date and the Promotional Equipment is in “like-new” condition, Subscriber’s shall not be subject to any fees for such Promotional Equipment; or
ii. If (A) the Promotional Equipment is not returned within both: (1) 14 days of termination of the Services, and (2) 60 days of the Commencement Date, or if (B) the Promotional Equipment is not returned in “like-new” condition (as determined by the Company in its reasonable discretion), such Promotional Equipment shall remain the property of Subscriber and Subscriber agrees to the Company charging the Subscriber the published prices found on the Company’s Website in consideration for the transfer and sale of such Promotional Equipment.
c. Add-On Equipment purchased by the Subscriber that is not Promotional Equipment is not required to be returned to Company.