Terms and Conditions

Welcome to TrueDark! The TrueDark website and services are provided by Biohacked, Inc. DBA TrueDark (“Biohacked”, TrueDark, TrueDark, Inc. “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the TrueDark.com web site (the “Website”) and all services and products provided by TrueDark via the Website. Access to the Website, use of the services, and purchase of  products provided by TrueDark is subject to these Terms and Conditions and the TrueDark Privacy Policy available on the Website.

Acceptance of Terms

By using our Website or subscribing to our services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at https://truedark.com/about/terms-and-conditions/.

Scope

TrueDark maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or services, whether created by us or provided by another person for display on the Website or through the services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.Registration

In order to make a purchase of products offered by TrueDark, you must register as a member on our Website. To register, you can simply product, your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to TrueDark, including your credit card information, is subject to TrueDark’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

As a registered user of TrueDark.com, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by clicking the unsubscribe link in applicable e-mail correspondence or by emailing us at support@truedark.com.

Billing and Payments

The purchase price for products and services is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant TrueDark the right to store and process your information with the third party payment service, which it may change from time to time; you agree that TrueDark will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.Shipping and Risk of Loss

Low, flat rate shipping and handling fees are added to your cart at the time of checkout. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify TrueDark within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.Returns and Exchanges

If a product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at support@truedark.com. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the Website.  Refunds are at the sole discretion of TrueDark.com.Local Taxes

You may be charged local sales tax or VAT, if applicable.International Access

This Website may be accessed from countries other than the United States. This Website and the services may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

(b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

(c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

(d) You expressly agree that your use of, or inability to use, the service is at your sole risk. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, AND BIOHACKED EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT.

(b) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, (i) IN NO EVENT WILL BIOHACKED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES  BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, OR THE LOSS OF USE OF ANY DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless TrueDark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disputes

Any controversy between the parties arising out of this Agreement shall be submitted to the Judicial Arbitration and Mediation services for arbitration in Seattle, Washington, using one arbitrator. The costs of the arbitration, including any administration fees, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Minors

TrueDark services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of TrueDark and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of content submitted by users . By submitting such Content,  you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the content from our systems.No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TrueDark of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. TrueDark does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Miscellaneous

TrueDark may terminate these Terms and Conditions upon electronic communication of a notice of termination to Customer. These Terms and Conditions may not be amended except by TrueDark.  Any determination of invalidity or unenforceability of any one provision will have no effect on the continuing force and effect of the remaining provisions. These Terms and Conditions shall be governed by the laws of the State of Washington. Customer may not assign its rights and obligations under these Terms and Conditions without the consent of TrueDark.

Terms Specific to TrueDark Daywalker and Twilight Glasses

The statements about TrueDark Daywalker and TrueDark Twilight have not been evaluated by the FDA (U.S. Food & Drug Administration). Information provided here and products sold on TrueDark.com are not intended to diagnose, treat, cure, or prevent any disease. The information provided by these sites and/or by this report is not a substitute for a face-to-face consultation with your physician, and should not be construed as medical advice of any sort. By using any of this information, or reading it, you are accepting responsibility for your own health and health decisions and expressly release TrueDark, Inc. and its employees, partners, and vendors from from any and all liability whatsoever, including that arising from negligence.

Return Policy for TrueDark Daywalker and Twilight Glasses

We offer a 100% satisfaction guarantee on TrueDark Daywalker and Twilight glasses and case. Email support@truedark.com if you’d like to return TrueDark glasses within 90 days of purchase. Customer is responsible for outbound and return shipping costs.

Return Policy for TrueLight by TrueDark Energy Square

TrueDark® warrants that this product will be free from defects in materials and workmanship for 1 year from the date of purchase by the original owner. Customer is responsible for outbound and return shipping costs. This warranty covers the original purchaser only and is not assignable or transferable to another party. Warranty is void if device used for commercial use or disassembled at any point.