Truekind ELITE Terms and Conditions

These Terms and conditions (“Terms”) apply between the client (hereinafter referred to as “you” or “users”) and us and govern our respective rights and obligations in relation with the Truekind Elite membership. Us refers to Truekind (“Truekind.com”, “Truekind”, “us,” or “our”), Overnel S.A. and its subsidiaries and affiliated companies, including but not limited to, Favorite World, LLC.
Please note that your use of the Truekind.com website and Truekind Elite membership are also governed by all other applicable terms, conditions, limitations, and requirements on the Truekind.com website, including Truekind’s Privacy Policy.
If you sign up for a Truekind Elite membership, you accept these terms, conditions, limitations and requirements.
By opting in to or participating in Truekind Elite, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Truekind Elite program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
If you have any questions about these Terms, please contact us by email at (vip@truekind.com) or call us at +1 (678) 831-8222
MEMBERSHIP ("Membership"):
The Truekind Elite program ("Program") is a loyalty program and is available only in the continental U.S.. Participation in the Program and the benefits of the Program are offered at the sole discretion of Truekind. Eligible customers may enroll for Membership in the Program online at www.truekind.com. Eligible customers who enroll for Membership in the Program are referred to collectively in these Terms and Conditions as "Members," and individually as a "Member”.
ELIGIBILITY:
The Membership is limited to individuals that are acting in a personal capacity and not in the capacity of a company, who have a current and valid email account and are at least 18 years of age, or from 16 years of age who has the consent of the parent(s), guardian or legal representative as applicable. Truekind reserves the right to request written confirmation of such consent. Any fraudulent activity or attempt to manipulate or abuse the Program will result in the Membership being terminated without notice. Truekind’s right to terminate a Membership from the Program is in addition to any other legal or equitable remedies that may be available to Truekind’s under applicable law.
ACCOUNT REGISTRATION; ACCOUNT USE:
1) Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.
2) Security of Your Account. You agree to notify Truekind immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Truekind or a third party due to someone else using your account, unless such use is due to Truekind’s willful misconduct.
3) No Obligation to Retain a Record of Your Account. Truekind has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
FEES: The fee for this Membership is four US dollars and ninety-nine cents (USD $4.99) per month for U.S. residents. Truekind may, in its sole and absolute discretion, change the membership fee from month to month. The Membership fee is non-refundable except as expressly set forth in these Terms. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
MEMBERSHIPS AUTOMATICALLY RENEW. UNLESS YOU NOTIFY US BEFORE A MEMBERSHIP FEE CHARGE THAT YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT OR THAT YOU DO NOT WISH TO AUTO RENEW YOUR MEMBERSHIP, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH AND YOU AUTHORIZE TRUEKIND (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY APPLICABLE TAXES, EACH MONTH USING ANY CREDIT CARD THAT TRUEKIND HAS ON FILE FOR YOU.

MEMBERS PROGRAM BENEFITS.
The Membership provide members of the Truekind Elite Program with the following benefits:
1) Shipping: Free priority shipping (2-4 business days) on all items in the continental United States.
2) Community: Being part of the #1 exclusive community around body positivity and women empowerment.
2.1) Share tips, advice, recipes and more.
2.2) Live events with celebrities and influencers.
3) Access to a platform with unlimited streaming of exclusive educational and inspirational high-quality video content (some of which are created in collaboration with other brands you might like), which will include:
3.1) Shapewear and intimates apparel (tricks and advice, new launches, lives, seasonable events).
3.2) Fitness (mom fitness, yoga, pilates, meditation, stretch and recovery).
3.3) Lifestyle (mom life, DIY, dating, self-love guides).
3.4) Cooking (seasonable recipes, drinks, healthy habits, cooking with guests).
4) Exclusive Deals: exclusive discounts just for members.
4.1) Truekind Elite Members will save %.
4.2) Early access to special dates and new launches.
4.3) Giveaways & free products.
5) Free returns for up to 90 days. Please note this is subject to the items not being returned damaged or dirty (items must thus be in good conditions), and that they only were only worn for testing if they fit.
CANCELLATION POLICY. Memberships may be cancelled any time, subject to these Terms. In order to cancel your Membership, you must Log into your Member Account, choose Manage Subscription and follow the instructions. You may also cancel by reaching out to us through our Customer Care channels for prompt assistance: Live Chat, email at (vip@truekind.com) or call us at +1 (678) 831-8222

AGREEMENT CHANGES. We may, in our discretion, change these Terms, Truekind.com’s Conditions of Use and Privacy Policy, or any aspect of the Truekind Elite program, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
TERMINATION BY US. We may terminate your Truekind Elite Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full days remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Truekind Elite membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
DISCLAIMERS; LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE TRUEKIND ELITE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE TRUEKIND ELITE PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) TRUEKIND AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "TRUEKIND ELITE PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) TRUEKIND ELITE PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE TRUEKIND ELITE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE TRUEKIND ELITE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE TRUEKIND ELITE PROGRAM WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (Y) TRUEKIND ELITE PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE TRUEKIND ELITE PROGRAM; AND (Z) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE TRUEKIND ELITE PROGRAM OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE TRUEKIND ELITE PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRUEKIND ELITE PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE TRUEKIND ELITE PROGRAM OR YOUR MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE TRUEKIND ELITE PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE TRUEKIND ELITE PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE TRUEKIND ELITE PROGRAM IN THE PREVIOUS (1) MONTH. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE TRUEKIND ELITE PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.

Governing Law 
These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.
Survival 
Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Notice: Violations 
We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to legal@truekind.com with the subject line “Legal Notice.”
Contact Information
Attn: “Truekind - Shapermint”
10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135
 hello@truekind.com

+1 (678) 831-8222
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Application of Dispute Resolution Process 
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Truekind Elite program that cannot be resolved informally will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.
Notice Requirement and Informal Dispute Resolution. 
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules 
Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration 
If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits 
If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator 
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
Waiver of Jury Trial 
The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions 
Any and all claims and disputes within the scope of this Dispute Resolution section and/or resulting from and/or relating to the Truekind Elite program must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality 
All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability 
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of these Terms will continue in full force and effect.
Right to Waive 
Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.
Survival 
This Dispute Resolution section will survive the termination of your relationship with us.
Emergency Equitable Relief 
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.
Claims Not Subject to Arbitration 
For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.
INTELLECTUAL PROPERTY
All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of Truekind and its subsidiaries or licensors, or of the third party which has granted a license to Truekind for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of Truekind.
Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of Truekind or the corresponding licensor.