Terms and Conditions
Welcome to Tru-Living. This Terms of Service governs your access to and use of the tru-living.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Sites”). The Sites are owned and operated by Tru-Living, Inc (“Tru-Living”, “us”, “we”, “our” or “ours”).
By using any products or services that we or our service providers offer you over your computer, our website and portal (the “Products”), or the mobile app on mobile and tablet devices (the “Apps”), you are entering into a binding legal agreement with us, in which you agree to be subject to and bound by these Terms (and by these Terms we mean: (i) this Terms of Service; (ii) our Privacy Policy; (ii) our set of Terms of Use and Terms of Service for different Products and Services offered (if any) and (iii) any other policies listed on our website.
By accessing, viewing, or using the content, material, products, or services available on or through the Sites, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. If you are unwilling or unable to be bound by these Terms, please do not use the Sites, the Products and Services.
Important Note: PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAINS BINDING ARBITRATION PROVISIONS IN SECTION 13 WHICH WILL REQUIRE YOU TO SUBMIT DISPUTES (WITH OPT-OUT OPTION) BETWEEN YOU AND TRU-LIVING TO BINDING ARBITRATION. YOU MAY OPT OUT OF BINDING ARBITRATION BY SENDING TRU-LIVING A WRITTEN NOTICE IN ACCORDANCE WITH SECTION 13.
User Accounts, Registration and Access
In order to access certain content, material, products or services on the Sites, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age.
You are responsible for maintaining the confidentiality of your account including ensuring that your password and account login are kept secret, safe, and secure at all times. You agree that you are solely responsible for any activities that occur in connection with your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
When placing a purchase order through the Sites, you will be required to provide other personal information, such as shipping address, billing address, and secure payment details. Additional information may be collected by Tru-Living or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects.
Geographic Restrictions
We administer the Website from the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, to the extent authorized under applicable law you do so on your own initiative and are responsible for compliance with local laws.
Product Purchases and Use of Services
By purchasing products or services made available through the Sites, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf.
Tru-Living may use a secure third-party payment processor to process payments made through the Sites. By making purchases of Products and Services on our Site, you consent to the use of such third-party payment processors.
You are responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Sites, including sales, use, and excise taxes.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice.
Third Party Links
The Sites may contain links to websites or applications offered by third parties, including advertisements (“Third Party Sites”). We do not control or endorse Third Party Sites, and we assume no responsibility for the law compliance, practices, accuracy, or content of any Third-Party Sites.
General Restrictions on Use
You agree to use the Sites and the Services only for purposes that are permitted by these Terms of Service and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Sites and Services for your non-commercial, nonexclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You will not (and will not attempt to):
Content
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service. “User Content” means Content that users (other than yourself) submit or transmit to, through, or in connection with the Services. “Tru-Living Content” or “Site Content” means Content that we create and make available in connection with the Services. “Third Party Content” means Content that originates from parties other than Tru-Living or its users, which is made available in connection with the Services.
Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, Your Content as described herein.
Our rights to use Your Content
We may use Your Content in a variety of different ways as permitted by our Privacy Policy, including publicly displaying it, reformatting it, incorporating it into reports, collections, marketing materials and other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you grant us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers), transferable right to use Your Content for any purpose.
Removing Content
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without notice to you, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
Reporting Violations
While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Ownership
As between you and Tru-Living, you own Your Content. We exclusively own the Tru-Living Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service (excluding Your Content, User Content and Third-Party Content).
Feedback
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Services (collectively, “Feedback”). By sending us Feedback, you agree that: (i) your Feedback doesn’t contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality with respect to your Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) we own all right, title and interest in and to your Feedback; and (v) we are free to use the Feedback for any purpose, without any restriction or compensation to you.
Privacy Policy
Tru-Living takes your privacy seriously. We have created a Privacy Policy to inform you about the kind of information we may collect and the ways we may use it. Please review our Privacy Policy carefully.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Disclaimers and Warranties
Tru-Living reserves the right to change the assortment of Products and Services offered and to limit the quantity of Products and Services that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion.
Tru-Living is not liable in case of stock outage or unavailability of products. Tru-Living expressly disclaims, to the fullest extent permitted by law, any express or implied warranties
Limitation of Liability
To the fullest extent permitted by law, Tru-Living shall not be liable for any indirect, incidental, or consequential damages resulting from:
Important Note: YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO TRU-LIVING IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) $100.
Indemnity
You agree to defend, indemnify and hold harmless Tru-Living, its affiliates, its officers, directors, members, employees, agents and representatives from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting fees) in any way related to or arising out of:
Copyright and Trademark Disputes
We respect copyright law and expect our members to do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of registered members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe any Content or materials on the Services infringe your copyright, you agree to abide by the notice and takedown procedures set forth in the Digital Millennium Copyright Act.
Our Policy Toward Children
Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit, or store personally identifiable information from, or about children under the age of 13. For that reason, we ask you to confirm your age when you sign up for the Services by providing an accurate age. If a parent or guardian becomes aware that his or her under 13 child has provided us with personally identifiable information without his or her consent, he or she may delete the child’s entire account.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law provisions. Any disputes shall be resolved in the state or federal courts of Harris County, Texas.
Binding Arbitration
Informal Negotiation
In the event of any dispute, claim, or cause of action that you may have against us arises out of or relates to your use of the Services (“Dispute”), you agreed that you will first contact us in writing of the Dispute at the contact information below (“Notice”). The Notice must describe
Mandatory Arbitration
If the parties are unable to resolve the Dispute through the Informal Resolution process, then you agreed that the Dispute shall be exclusively resolved and settled by confidential binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and where applicable and appropriate, the AAA Supplementary Procedure for Consumer Related Disputes.
No Class Action
THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND TRU-LIVING AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
Arbitration Opt-Out
You have the right to opt out of mandatory arbitration by sending us a written notice of your decision to opt out, within 30 days of the date you first accepted these Terms, to our physical address listed below. Your written notice must include your phone number, your legal name, country of residence, and your email address.
Returns & Refunds
Due to the custom nature of prefabricated homes, all sales are final unless the product is defective or damaged in transit.
If an item arrives damaged, you must notify us within 5 business days of delivery with photo evidence at support@tru-living.com.
Amazon Returns
If you placed your order via Amazon, please initiate your return directly through Amazon.
Cancellations
Cancellations may be made in writing within 48 hours of the time an Order is received by Tru-Living. Any cancellation made after 48 hours from the time the Order is received shall be subject to a minimum $1,500.00 cancellation fee plus any additional costs incurred by Tru-Living related to the Order, including design, material procurement, or administrative expenses. Approved refunds will be processed within thirty (30) days from the date Tru-Living receives, in writing, the cancellation request.
Minor On-Site Repairs
The client shall be responsible for minor on-site repairs, if necessary. These include, but are not limited to:
- Replacing fixed glass
- Door adjustments or repairs
- Paint touch-ups
- Cutting siding or metal components
Pro Assembly Services
If the client purchases Tru-Living ProAssembly Service (“ProAssembly”), the client authorizes Tru-Living to:
Intellectual Property
All content on this Site—including logos, images, product descriptions, and layout—is the property of Tru-Living or its licensors and is protected by copyright and trademark laws. You may not reuse or reproduce content without written permission.
Warranties
All products are covered by a limited manufacturer warranty where applicable. Tru-Living does not make additional guarantees outside of those provided in writing.
Termination
You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, and providing us with a notice of termination at the email address provided below.nWe may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, without notice or liability of any kind. If we close or suspend your account for violating these Terms, such closure or suspension shall be deemed a termination with cause. We may also modify or terminate the Service without prior notice.
Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date.
Contact Us
For questions about these Terms, contact:
Tru-Living
Email: info@tru-living.com
Website: www.tru-living.com