TERMS & CONDITIONS
Effective as of November, 16 2017
These Terms & Conditions ("Terms & Conditions" or "Agreement") govern the use of ca.truereligion.com, ca.last-stitch.com, and any affiliated domains that redirect or link to this Agreement (collectively, the "Site") by all visitors to the Site and any purchases made through the Site. As such, these Terms & Conditions constitute a binding agreement between you, as a user of the Site ("you" or "user"), and True Religion Brand Jeans Canada ULC 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 & Conditions and any additions or amendments. Therefore, we ask that you please read these Terms & Conditions carefully prior to enjoying the Site. Please know that these Terms & Conditions do not create a confidential relationship between you and us.
Terms of Purchase
· 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 computer system and we cannot guarantee that your computer 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, provincial, 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 attempt to ensure that information on the Site is complete, accurate and current unless otherwise specified. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date.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, 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.
· Acceptance of Orders. Any order placed through the site will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms & Conditions and the additional terms and conditions included in your order. Only individuals who have reached the age of majority in their province or territory of residence may place orders through the Site.
· Payment. Unless otherwise indicated, all prices and other amounts are in Canadian dollars. You can pay for any purchase you make on the Site by using a MasterCard or VISA or American Express card. By submitting your payment by credit card, you authorize us to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and we will have no obligation to fulfill your order.
· Shipping. 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. Product orders will only be shipped within Canada. The delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process. We reserve the right to use a substitute carrier for your purchase at any time, at our discretion. 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.
· Disclaimer. TRUE RELIGION DISCLAIMS ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCT(S) YOU PURCHASE OR THESE TERMS OF PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY).
For additional information regarding shipping, ordering, returns, and exchanges, please see our policy available here.
If you have questions regarding purchases on the Site, please contact us at the address below:
1888 Rosecrans Ave Manhattan Beach, CA 90266
Transactions made from the Site may in some cases be processed through a third party service provider and such transactions will be subject to the terms and conditions of service of such third party service provider, as communicated to you during the course of the transaction.
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. Furthermore, you agree not to circumvent, reverse engineer, or modify, 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 (i) solely in accordance with these Terms & Conditions 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 email@example.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 [firstname.lastname@example.org] If you wish to notify us of copyright concerns relating to information available on the Site, please also contact us at [email@example.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.
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. To the extent permitted by applicable law, you further irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding your Submission under any applicable law or under any legal theory.
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 & Conditions; or
- Violates these Terms & Conditions, 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 & Conditions 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 & Conditions, 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 & Conditions, 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.
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.
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
BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR LEGAL WARRANTIES IN CERTAIN CASES, IN SUCH PROVINCES OR JURISDICTIONS, SOME OF THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, 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, CONDITIONS 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. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE RELIGION DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE USE OF THE SITE, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, DURABILITY, TITLE 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. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES, IN SUCH PROVINCES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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.
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 & Conditions 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.
Your access and use privileges of the Site and its content are conditioned upon your adherence to these Terms & Conditions. 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 & Conditions. 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 & Conditions
True Religion reserves the right to amend these Terms & Conditions at any time and without notice to you 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. If you do not agree to abide by any changes to Terms & Conditions, do not continue to access or otherwise use the Site. It is your responsibility to regularly check this page to determine if there have been changes to these Terms & Conditions and to ensure your continued compliance with these Terms & Conditions.
Choice of Law
To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, 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 law of the province of Ontario and the Federal laws applicable therein, without regard to conflicts of law principles.
These Terms & Conditions 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 & Conditions.
Assignment of the Agreement
We may assign these Terms & Conditions, in whole or in part, at any time with or without notice to you. You may not assign these Terms & Conditions, or any part of these Terms & Conditions, to any other party. Any attempt by you to do so is void.
No waiver of any provisions in these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
Additionally, if any provision of these Terms & Conditions 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.
The parties to these Terms & Conditions have expressly requested that these Terms & Conditions and all documents related to them be drafted in English. Les parties aux présentes ont expressément requis que ces conditions d’utilisation et tous les documents y afférents soient rédigés en langue anglaise.
Please contact True Religion at [firstname.lastname@example.org] with any questions.
Gift Card Terms and Conditions
True Religion Gift Cards ("Gift Cards") may only be redeemed by the lawful owner ("You" or "Your") toward the purchase of eligible merchandise goods directly sold by True Religion Apparel, Inc. or its affiliates ("True Religion," "us," "we," or "our"), 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. 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.
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.
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.
Choice of Law
To the extent permitted by applicable law, when you purchase, receive or redeem a Gift Card, you agree that the law of the province of Ontario and the Federal laws applicable therein without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion.