Terms of service

These Terms and Conditions apply to and govern your use of the website trueandco.com, and the web pages, interactive features, applications, blogs, social networks, social media pages and accounts, and other online or wireless offerings (collectively, the “Site”). Please carefully read the following because, by using this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at any time, to modify, alter or update these Terms and Conditions, and you agree to be bound by such modifications, alterations or updates.

BRI’s privacy policy explains how BRI collects, uses and shares your personal information when you access the Site. Please read the privacy policy (linked on the homepage). By using the Site, you are agreeing to the terms of the privacy policy and these Terms and Conditions. Do not use the Site if you do not accept and agree to these Terms and Conditions.

SITE CONTENT

All materials, including illustrations, photographs, product, images, artwork, designs, text graphics, logos, trademarks, button icons, images, videos, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by BR Intimates LLC (“BRI”) and/or its licensors, subsidiaries, affiliates and content suppliers (collectively, “Affiliates”) and are protected by worldwide trademark, trade dress and copyright laws. The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure, or delete any copyright or other proprietary notices on this Site. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

OWNERSHIP OF INTELLECTUAL PROPERTY

All trademarks, service marks and trade names on this Site are proprietary to BRI and/or its licensors or other Affiliates. No use of these may be made without prior, written authorization of BRI and/or its licensors or other Affiliates, as applicable. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by BRI or other third parties. No license is granted with respect to these intellectual property rights.

PRODUCT INFORMATION

BRI cannot guarantee that the products and selection appearing on this Site will be available. All product descriptions, specifications, colors, and prices are subject to change at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site may impact on your review or perception of the products.

ACCURACY OF INFORMATION

The information presented on this Site has been compiled by BRI and/or its Affiliates from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information, including but not limited to price information. BRI reserves the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but BRI makes no commitment to correct or update this information.

DISCLAIMER

The Site, Content, and other information, services, products and materials contained in this Site, including without limitation, text, graphics, video, audio, and hyperlinks, are provided “as is” and “as available” and without warranties of any kind, either express or implied, with respect to such information services, products and materials, including but not limited to warranties of satisfactory quality, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance to the fullest extent permissible pursuant to applicable law. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment you use in connection with your use of this site, and that in no event shall BRI or its licensors or Affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, even if it has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or otherwise, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site.

INDEMNIFICATION

You agree to defend, indemnify and hold BRI harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.

USER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BRI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the property of BRI and/or its licensors or other Affiliates.

This Site may provide you with the opportunity to submit materials, information, data, photos, images, opinions, messages, notes, text, graphics, designs, or other user-generated content (“UGC”). By submitting UGC to this Site, you represent and warrant that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit. If your UGC contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent and warrant that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. You represent and warrant that the UGC you submit does not violate any applicable laws, rules or regulations or the rights of any third party. You further represent and warrant that the UGC you submit is accurate, original to you, and does not and will not violate these Terms and Conditions. If you submit UGC to this Site, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for BRI and/or its licensors or other Affiliates to use that UGC for any lawful purpose, commercial, advertising, or otherwise, in any manner or media now or later developed, including, without limitation, the right to translate, display, reproduce, modify, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC.

BRI is and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay any compensation for any UGC; or (3) to respond to any user UGC.

USE REQUIREMENTS AND RESTRICTIONS

You must be age 18 or older to use the Site or submit UGC. By using the Site, submitting UGC, submitting personal information to us, placing an order on the Site, and/or participating in one of our online promotions, you are representing and warranting to us that you are 18 years of age or older.

You are prohibited from using the Site or its Content: (i) to intimidate, harass, abuse, harm, insult, or discriminate based on ethnicity, race, age, national origin, disability, gender, sexual orientation, or religion; (ii) for any unlawful purpose; (iii) to infringe upon the intellectual property rights of BRI or others; (iv) to violate any applicable international, federal, or state law, regulations, or rules; (v) to breach or attempt to breach BRI security; (vi) to collect the personal information of others; (vii) to submit or upload false or misleading information, viruses, or other malicious code; or (viii) to spam, phish, crawl, scrape, or otherwise collect, store, or use Content. This list is non-exhaustive. BRI reserves the right to terminate your use of the Site for violating these Terms and Conditions, including without limitation through engaging in these prohibited uses.

LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to websites other than our own. BRI does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Site and BRI do not control the content of these sites. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.

APPLICABLE LAW

This Site is created and controlled by BRI in the State of New York, U.S. If there is a dispute about our policies and procedures or your use of this Site, the laws of the State of New York, United States of America, shall apply, without regard to any conflict of law provisions,

and it shall be resolved exclusively by the state and federal courts sitting in New York County, New York City.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

BRI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BRI’s Digital Millennium Copyright Act (“DMCA”) designated agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• 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
• 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.

BRI’s DMCA agent can be reached as follows:
BR Intimates, LLC
ATTN: Legal Department – DMCA Agent
trueandco-support@basicresources.com

CONTACT

For issues or questions related to the Site or these Terms and Conditions, please contact www.trueandco.com/pages/contact.

TRUE & CO SPONSOR ADVOCACY PROGRAM TERMS

1. Eligibility. To apply to become a collaborator ("Collaborator") in the Sponsor Advocacy Program (the "Program"), you must be a legal resident of one of the fifty (50) United States or the District of Columbia, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction (whichever is greater) at the time of entry, and you must have received an invitation from Sponsor to apply for the Program as described further below. The sponsor of the Program is BR Intimates LLC ("Sponsor").

2. How to Apply. To apply, you must review these Sponsor Advocacy Program Terms (the “Terms”) and respond or click (if available) that you understand and agree to the requirements of the Program and these Terms. You will then be asked to provide information that we need to administer the Program, which may include your name, date of birth, address (city and country), gender, email address, social media platforms and handles and clothing size(s) and preferences (if applicable). BY APPLYING FOR AND/OR PARTICIPATING AS A COLLABORATOR IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN ACLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Each applicant represents and warrants that his/her application for the Program (and the submission of any photographs, videos, essays, statements or other content in connection therewith) are true and accurate and do not conflict with any existing commitment on applicant's part or violate any law or regulation or any third party rights (including with respect to intellectual property, privacy or publicity) and/or any agreements or obligations by which applicant is bound.

APPLICATION FOR THE PROGRAM ONLY PROVIDES AN OPPORTUNITY FOR APPLICANTS TO BE CONSIDERED FOR PARTICIPATION IN THE PROGRAM AS A COLLABORATOR. THERE IS NO GUARANTEE THAT APPLICANT WILL BE SELECTED TO BE A COLLABORATOR IN THE PROGRAM. MEMBERSHIP IS LIMITED.

3. Selection of Applicants. IF YOU ARE SELECTED TO BE A COLLABORATOR IN THE PROGRAM, YOU WILL BE CONTACTED BY SPONSOR AND/OR DIRECT MESSAGE ON SOCIAL MEDIA (TO THE EXTENT PERMITTED) AND MAY BE REQUIRED TO AGREE TO ADDITIONAL TERMS AND CONDITIONS AND COMPLETE ADDITIONAL FORMS AND OTHER DOCUMENTS PROVIDED BY SPONSOR IN SPONSOR'S SOLE DISCRETION (COLLECTIVELY, "MEMBERSHIP AGREEMENTS") IN ORDER TO CONFIRM YOUR PARTICIPATION. YOU MAY BE REQUIRED TO PARTICIPATE IN CERTAIN ACTIVITIES ASSOCIATED WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, POSTING ON SOCIAL MEDIA, BLOGGING, SHARING CONTENT, WRITING REVIEWS, AND/OR TWEETING AS DETERMINED BY SPONSOR. All decisions with respect to selection in Program and participation in the Program are in the sole and absolute discretion of Sponsor, and nothing shall obligate Sponsor or the Released Parties to include any applicant in the Program or make use of any of the rights set forth herein.

4. Notification and Acceptance; Termination. Applicants will be notified of their selection as a Collaborator by Sponsor. Sponsor may rescind any such selection or notification at any time, and/or terminate any Collaborator's participation in the Program at any time, with or without cause. Without limiting the foregoing, Collaborator understands and acknowledges that Sponsor may terminate Collaborator’s participation in the Program if Collaborator fails to publish social media content in accordance with Sponsor’s requirements and/or expectations. Collaborator may also terminate his/her participation in the Program at any time. Upon any termination of a Collaborator's participation in the Program, Collaborator will immediately cease use of, and remove from any Collaborator social media or online channels, any and all content provided by Sponsor to Collaborator. Collaborator understands that upon the termination of Collaborator’s participation in the Program for any reason, Collaborator will no longer receive any free product or samples from Sponsor under this Program.

5. Content Guidelines and/or Restrictions. Sponsor will reject applications if Sponsor determines (in its sole discretion) that any applicant's application and/or social media platform presence is unsuitable or inappropriate. If an applicant is selected as a Collaborator, Collaborator will post comments, tweets, photos, pictures, images, videos, materials and/or other content in connection with Collaborator's participation in the Program ("Collaborator Content"). Collaborator represents, warrants and covenants that the Collaborator Content shall comply with the Content Guidelines set forth below:

Collaborator Content must not contain material that is tortious, defamatory, slanderous, libelous, abusive, obscene, profane, offensive, inappropriate, indecent, pornographic or vulgar, or that depicts nudity or lewd content of any sort;
Collaborator Content must not in any way disparage or criticize Sponsor, its products or brands, or any other person or party;
Collaborator Content must not infringe or violate another party's intellectual property rights including but not limited to copyright or trademark rights (including without limitation as to music, videos, photos or other materials for which Collaborator does not have written authority from the owner of such materials);
Collaborator Content must not include, reference or depict any celebrity or other third person, or violate any party's right of publicity or right of privacy, or contain the personally identifiable information of any person other than Collaborator;
Collaborator Content must not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or discrimination based on race, gender, gender identity, religion, nationality, disability, sexual orientation or age, must not contain content that is or may be considered to be hate speech, and must not promote, incite, advocate, express or encourage violence or illegal activities;
Collaborator Content must not be inaccurate, false or misleading in any way, and Collaborator may not post performance claims about Company's products and/or services unless expressly authorized by Sponsor;
Collaborator Content must not contain any material or content for which Collaborator has been compensated or granted any consideration by any third party or that consists of advertising outside of the promotion of Client’s brands and products as contemplated in the Program;
Collaborator Content must not contain material that is unlawful, in violation of, or contrary to the laws, rules or regulations of the United States or of any jurisdiction where Collaborator Content is created or disseminated;
Collaborator Content must be posted with appropriate, clear and conspicuous disclosures as required by the FTC Guides and/or any analogous laws, rules and/or regulations in accordance with Section 7 below.

Collaborator acknowledges that it is Sponsor’s expectation that Collaborator Content will regularly post Collaborator Content that prominently features the products of Sponsor, is of high-quality, and is consistent with the image and values of Sponsor.

For the avoidance of doubt, Collaborator is solely responsible for the Collaborator Content and any and all other materials that appear on Collaborator's own social media or other online platforms and Sponsor disclaims all liability for such materials. If Sponsor accepts a Collaborator and thereafter determines in its sole discretion that Collaborator Content is unsuitable or inappropriate, Sponsor may suspend or terminate that Collaborator's participation in the Program and terminate these Terms and any Membership Agreements in connection with such Collaborator’s participation. Sponsor will have no responsibility or liability in relation to any termination or suspension of Collaborator's access to the Program or these Terms including in relation to any claim suffered directly or indirectly by Collaborator or any other person. Sponsor has the right (but not the obligation) in its sole and absolute discretion to monitor Collaborator Content and Collaborator's participation in the Program from time to time to ensure Collaborator is in compliance with the terms of these Terms. Sponsor may also require Collaborators to participate in periodic training programs to ensure compliance with these Terms.

Sponsor may request feedback from Collaborators from time to time regarding Sponsor's products/services. Sponsor shall exclusively own all rights in and to any such feedback. Further, Collaborator understands and agrees that other Collaborators may submit feedback that may be similar in idea or concept to what is included in Collaborator's feedback. Collaborator understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out of any such similarity or be entitled to any compensation for feedback provided.

Collaborator must not send any unsolicited commercial electronic messages or spam of any type (whether by telephone call, SMS, MMS or other means of mobile text message, facsimile, email or any other means) as part of its participation in the Program.

6. Grant of Rights. By participating in the Program and posting Collaborator Content, Collaborator grants Sponsor and Sponsor’s licensees, licensors, designees, parents, subsidiaries, affiliates and assigns a royalty-free, irrevocable, sublicensable, fully paid-up license to use, post, repost, reproduce, adapt, publish, translate, distribute, transmit, share, import and publicly display such Collaborator Content (including any Collaborator Attributes therein), throughout the world, in perpetuity, for any legal purpose whatsoever, in any media now known or hereafter invented, including without limitation on Sponsor’s and Sponsor’s licensees, licensor’s, designees’, parents’, subsidiaries’, affiliates’ and assigns’ social media and digital channels. For the avoidance of doubt, Sponsor shall have no obligation upon termination of a Collaborator's participation in the Program to remove, delete or scrub any Collaborator Content from any social media channels. Collaborator agrees that participation in the Program means Sponsor can use Collaborator's name, voice, likeness, photograph, fictional name, nickname, initials, signature, logo, portrayals, image (including any tattoos or body art), performance, statements, biography and other identifying traits, social media handle or channel/blog name, and any other Collaborator attributes including and any publicity, trademark or copyright rights embodied therein (collectively, "Collaborator Attributes") in any manner that Sponsor determines supports the purposes of the Program and the promotion of Sponsor’s products, and further may record and capture the Collaborator Attributes in connection with Collaborator’s attendance at Program-related events and use such Collaborator Attributes in accordance with these Terms without further consent from Collaborator (except where prohibited by law), including use in any media now known or hereafter invented, including without limitation, any and all Internet media throughout the world in perpetuity. Notwithstanding the foregoing, Collaborator agrees to execute any additional documents required by Sponsor or its affiliates in connection with Collaborator’s attendance at Program-related events (if applicable), including without limitation a publicity and/or liability release. For the avoidance of doubt, except for the limited licenses granted under these Terms, nothing in these Terms will license or convey to anyone, including any Collaborator, any of Sponsor's intellectual property or proprietary rights. Collaborator acknowledges and agrees that any personal information about Collaborator received by Sponsor in connection with the Program will be subject to Sponsor’s Privacy Policy and the Supplemental Privacy Statement attached hereto as Schedule 1.

6A. Moral Rights. Collaborator irrevocably waives any and all Moral Rights they may have in each copyright work or such other subject matter comprised in the Collaborator Content and consents to Sponsor doing or failing to do any act in relation to those works that may, except for this Section 6A, infringe their Moral Rights in the works including:

exercising any of the rights in the works without identifying them;
exercising any of the rights in the works in a manner which incorrectly attributes any work created by them or their performance to someone else;
editing, deleting from or otherwise altering the works in any manner determined by Sponsor as contemplated by these Terms.

7. Compensation; Disclosure. Collaborators may enjoy special benefits, rewards, gifts and other perks (collectively, “Product Compensation”) from Sponsor as part of their participation in the Program (for example, by testing products or services for Sponsor, Collaborator may keep such products as a free gift). For the avoidance of doubt, Collaborator acknowledges and agrees that (i) Collaborator will not receive any monetary payment or compensation for participation in the Program, (ii) that Sponsor has no obligation to provide Product Compensation and that any Product Compensation provided will be in styles and quantities to be determined in Sponsor’s sole discretion, and (iii) that any Product Compensation provided shall constitute the full consideration for Collaborator’s participation in the Program. Sponsor believes in full, fair and effective disclosures of material facts relating to Collaborator's relationship with Sponsor in accordance with the Federal Trade Commission's Guides Concerning Endorsements and Testimonials in Advertising ("FTC Guides") and any similar laws, rules and/or regulations in any country where the Program is offered. As such, when posting about Sponsor or its products and services, Collaborator must, and covenants that he/she will, clearly and conspicuously disclose Collaborator's "material connection" to Sponsor and include any hashtags that are required by the FTC Guides, any similar or analogous laws, rules or regulations or as otherwise directed by Sponsor. All such disclosures must be made prominently and adjacent to each post or piece of Content that triggers disclosure requirements and must be in an easy-to-understand wording and typeface. The disclosure must be immediately visible to anyone who views the applicable post on the applicable platform. It is expressly understood that Sponsor may (without limiting any Collaborator's obligations) be permitted to opine about recommendations and options for such disclosures provided that, without limiting Collaborator's obligations hereunder, in the event of any disagreement between Collaborator and Sponsor with respect to the form of any such disclosures, Sponsor's decision shall be final. By way of illustration, an appropriate disclosure could consist of: #WarnersPartner in addition to any other hashtags required by the FTC Guides and/or Sponsor. Sponsor's right to approve any such disclosures as otherwise provided for under these Terms shall not relieve any Collaborator of his or her obligations hereunder.

8. Confidentiality. Unless authorized by Sponsor, Collaborator agrees to hold all Confidential Information of Sponsor in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement. "Confidential Information" shall mean all information, excluding information available from the public domain, disclosed by Sponsor to Collaborator related to this Agreement or the current, future, and proposed business, products, and services of Sponsor, including without limitation any attributes or information about products provided by Sponsor to Collaborator for testing. Collaborator expressly agrees not include any test products in any Collaborator Content, not to make samples of test products available to anyone for any reason other than Sponsor, and not to describe or discuss the test products with anyone other than Sponsor, unless otherwise authorized in writing by Sponsor. Collaborator must, at the Sponsor's request return, erase, destroy or procure the return, erasure or destruction (as applicable) of all copies of Sponsor's Confidential Information in its possession or control. Sponsor will be entitled to seek injunctive relief for any breach or threatened breach of Collaborator's obligations of confidentiality. For the avoidance of doubt, Confidential Information does not include (i) information that was in Collaborator’s possession prior to disclosure under the Program, free of any confidentiality obligation, (ii) information that has become publicly available without breach of these Terms by Collaborator, (iii) information that was developed by Collaborator independent of Confidential Information, or (iv) information that was rightfully received from a third party who did not have an obligation of confidentiality Sponsor.

9. Representations and Warranties. By participating in the Program, Collaborator represents, warrants and covenants that: (i) the Collaborator Content and the Collaborator Attributes will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any third party, whether contractual, statutory or common law and will comply with the requirements of Section 5 of these Terms; (ii) Collaborator will not commit and has not committed any act which, as determined by Sponsor in its sole discretion, brings Collaborator or Sponsor into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Collaborator's social media content or Sponsor's advertising materials are directed, or which might tend to harm Sponsor or its products or services including, without limitation, disparaging Sponsor or its competitors; (iii) Collaborator's statements, posts and feedback are and will be true and accurately reflect Collaborator's honest opinion and experience with Sponsor's products and/or services to the extent applicable, (iv) Collaborator will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party web sites, platforms or applications, including by making any applicable disclosures in accordance with the FTC Endorsement and Testimonial Guidelines ("FTC Guides") or any analogous rules in any jurisdiction where the Program is offered including without limitation the AANA Code and (v) Collaborator will comply with any product testing guidelines and/or feedback requirements provided by Sponsor; and (vi) Collaborator has not relied on any representation or warranties made by Sponsor which has not been stated expressly in these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SPONSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS, INFORMATION OR CONTENT PROVIDED BY SPONSOR, ALL OF WHICH IS PROVIDED "AS IS" AND THE WARRANTIES OF FITNESS, MERCHANTABILITY, AND SAFETY ARE EXPRESSLY DISCLAIMED. SPONSOR MAY DISCONTINUE THE PROGRAM OR ANY OF ITS FEATURES AT ANY TIME. SPONSOR DOES NOT WARRANT THAT THE PROGRAM, ANY SPONSOR WEBSITES OR SPONSOR CONTENT WILL CONTINUE TO BE PROVIDED OR WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

10. Release and Indemnification. By submitting an application, each applicant agrees to release, defend and hold harmless, to the maximum extent of applicable laws, Sponsor and its parent company, subsidiaries, affiliates, licensors and licensees, and each of their respective partners, advertising and promotion agencies (collectively, "Released Parties") from and against any and all liability, loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with preparation for, or application in the Program, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Collaborator further agrees to release, defend and hold harmless the Released Parties from and against any personal injury and/or death which may occur in connection with participation in the Program, including without limitation arising out of or related to Collaborator's participation in product tests.

Further, each Collaborator shall indemnify, defend and hold harmless the Released Parties from and against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorneys' fees, that is based upon or arises in connection with (i) any breach or alleged breach of Collaborator's representations, warranties, covenants, agreements, or obligations under this Agreement, (ii) Collaborator's failure to comply with any applicable laws, including without limitation, Collaborator's failure to make any required disclosures in accordance with the FTC Guides or any analogous rules or regulations in any jurisdictions where the Program is offered as provided herein, (iii) the use of any other information, materials or data provided by Collaborator, including without limitation any claims that the Collaborator Content infringes upon or violates the intellectual property, publicity or privacy rights of any other person or entity or violates any applicable laws or regulations or (iv) any actual or alleged wrongful or negligent act or omission by Collaborator in connection with the Program.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING $100.

11. Relationship of the Parties. At all times, Collaborator will be acting as an independent contractor, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Collaborators shall not make any statements that reasonably would contradict anything in this Section.

12. Severability; Waiver; Remedies. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect the validity of any other part of these Terms. The Parties are obliged to replace any such invalid or unenforceable part of these Terms by such valid provision which comes closest to the economic purpose intended by such unenforceable or invalid provision. The failure of Sponsor to partially or fully exercise any rights or the waiver of Sponsor of any breach of these Terms by any applicant or Collaborator shall not prevent a subsequent exercise of such right by Sponsor or be deemed a waiver by Sponsor of any subsequent breach by any applicant or Collaborator of the same or any other term of these Terms. The rights and remedies of Sponsor under these Terms any other applicable agreement shall be cumulative, and the exercise of any such right or remedy shall not limit Sponsor's right to exercise any other right or remedy. Collaborator must not assign any of its rights or novate any obligations under these Terms without the prior written consent of Sponsor.

13. Governing Law; Dispute Resolution; Arbitration: To the fullest extent permitted by applicable laws, the laws of the State of New York shall govern these Terms without regard to any conflict of laws principles. Any dispute between Sponsor and Collaborator arising out of these Terms will be heard exclusively in the state or federal courts of applicable jurisdiction locate din New York County, New York, and the parties hereby irrevocably consent to jurisdiction and venue in said courts. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, APPLICANTS OR COLLABORATORS OR TO BRING OR JOIN ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

14. Entire Agreement. These Terms constitutes the entire agreement of the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter cease to have any effect.

15. Severability. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMSISIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT SPONSOR SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.

RESPOND OR CLICK TO SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND TO GRANT SPONSOR THE RIGHTS DESCRIBED HEREIN.

Questions: Should you have any questions regarding these Terms you may contact us at true@basicresources.com.

Sponsored by BR Intimates LLC
Date Updated: July 2024

SCHEDULE 1

SPONSOR ADVOCACY PROGRAM – SUPPLEMENTAL PRIVACY STATEMENT

Last Updated July 2024

This Supplemental Privacy Statement supplements the Privacy Policy available at https://trueandco.com/policies/privacy-policy (“Privacy Policy”) to describe how Sponsor may further use and disclose personal information about you received in connection with your participation in the Program. This Privacy Statement is specific to the Program. Our Privacy Policy is incorporated by reference herein.

Personal information categories - Sponsor may collect online and offline (such as an on premise event) directly from you, and obtains from third parties such as your friends, contacts or through social media posts, personal information about you in connection with the Program, including without limitation:

Your contact details (name, title, email address, etc.).
Demographics (e.g., age, date of birth and gender).
Shipping information (e.g., postal address).
Blogging and social media information (e.g., platforms, social media handles, posts, blog name, video voice or photograph).
Device and software data (e.g., device-ID, specific use data and patterns).
Relationship data (for example, support requests, ratings and feedback).
Other information requested on the application forms or enabling your participation in the Program, such as your clothing size and preferences and other interests beyond fashion.

Your provision of personal information to Sponsor is voluntary. However, if you do not provide such personal information, you may not be able to participate in the Program.

Purposes - Sponsor uses your personal information for the following purposes:

For your participation in the Program

To consider your application and enable you to apply for the Program.
To enable your participation in the Program, including shipping you clothes to try on and advocate for.
If applicable, to enable your participation in panels
If applicable, to send you surveys so that we can receive your feedback on our brand, clothing and the Program
To send you administrative communications in relation to the Program or Sponsor's terms, such as changes in terms and conditions.
To enable social media sharing features and follow your social media activity
To respond to your inquiries and requests, for example when you send Sponsor suggestions
To check compliance with the Sponsor Advocacy Program Terms

For marketing materials

To send you marketing communications and offer other materials that Sponsor believes may be of interest to you, such as to send you newsletters and personalized offerings.
To enable the posting of comments, posts and testimonies from or about you under the Program and other parts of Sponsor's platforms.

For service improvement

To identify usage trends and content across the Program and other platforms. The information that Sponsor gains is used to further improve its services, for instance to help create and design new clothing collections.

For Sponsor's other business purposes

To manage security and fraud (e.g., detect and prevent cyberattacks).
To protect Sponsor's rights and to defend against lawsuits.
To share your personal information with a third party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of business, assets or stock.
To perform audits and monitor governance, for example by implementing internal audits, business analysis, controls and reporting.
To respond to legal and regulatory duties, such as requests from public and government authorities.

Please refer to our Privacy Policy for more details.

Disclosure - Your personal information can be accessed by Sponsor's staff to the extent that this access is required to enable them to perform their work. In addition, Sponsor discloses personal information to:

Sponsor affiliates for the purposes described in this Supplemental Privacy Statement.
Third party service providers who facilitate the administration and execution of the Program.
Other individuals with whom you elect to share your personal information including via social media.
Public authorities and government authorities assigned with investigative powers.

If you choose to share personal information on third party platforms, such as social media, your personal information may be collected by those third parties, and not by Sponsor. Sponsor is not responsible for the privacy and security practices of such third parties, which are subject to their privacy policy, rather than this Privacy Statement.

Some features of the Program may allow you to invite or contact a friend, for example to share content with them. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them.

Please refer to our Privacy Policy for more details.

Cookies - The Program may use cookies and similar technologies. Please refer to our Privacy Policy for more details.

Retention - Sponsor retains your personal information for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria used to determine retention periods include:

The length of time Sponsor has an on-going relationship with you and your participation in the Program.
Whether there is a legal obligation to which Sponsor is subject (for example, certain laws requires keeping records of communications for a certain period of time).
Whether retention is advisable in light of Sponsor's legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Please refer to our Privacy Policy for more details.

Your rights - Consistent with applicable law, you may have the right to request to access, correct, delete, restrict or object to the use of your personal information, or to obtain an electronic copy of your personal information for purposes of transmitting it to another company. Please refer to our Privacy Policy for more details.

Privacy Policy – Please see our Privacy Policy for further information about our use and disclosure of your personal information and your rights and options in connection therewith.