Trimchallenge, Inc. (“Trimchallenge” or “we”, “us”, “our”), provides access to our Web site located at www. trimchallenge.com (the “Site”), subject to your acceptance of these Terms of Web site Use (“Terms”). These Terms apply to you when you access and use our Site. If you have any questions about these Terms or using the Site, feel free to contact us at firstname.lastname@example.org.
Acceptance of Terms of Web site Use
Intellectual Property – Copyright, Trademark and Disclaimer Notices
The contents of the Site, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Trimchallenge and its business partners, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Trimchallenge and its business partners, or other respective owners that have granted Trimchallenge the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Trimchallenge. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Trimchallenge or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Trimchallenge copyright.
The “Trimchallenge” name and signature and the “Trimchallenge” name and logo are registered trademarks of Trimchallenge Inc. and used under license by Trimchallenge. Inc.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND TRIMCHALLENGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TRIMCHALLENGE MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE TRIMCHALLENGE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE TRIMCHALLENGE WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE TRIMCHALLENGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
The contents of this website are not meant to be a substitute for professional medical advice, diagnoses, or treatment. Please seek advice from your qualified health care provider regarding any medical condition or concern. If you think you may have a medical emergency, immediately call your doctor or 9-1-1.
You agree to indemnify and hold harmless Trimchallenge from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Trimchallenge’ policy regarding copyright infringement and Trimchallenge’ designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) is incorporated herein and follows below.
Trimchallenge respects the intellectual property rights of others and requires those that visit our Site and use our network to do the same. Trimchallenge may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Trimchallenge also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use our Site or network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify one of Trimchallenge’ copyright agents by written notice. The notice should include the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another Web site that contains the material you claim has been infringed; Your name, address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Acceptable and Lawful Use of Site
You agree to comply with all applicable laws regarding use of the Site. Any information you provide to Trimchallenge in connection with the Site must comply with the following conditions and shall not create any liability for Trimchallenge or cause Trimchallenge to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:
Content Objectionable or Offensive to Third Parties
You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.
You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.
You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.
Removal of Objectionable Content
While we do not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.
Links to Other Web sites
We provide links to other Web sites. We do not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. Trimchallenge has no responsibility for the content of such other sites and shall not be liable for any damages or injuries arising from the content from these other sites.
Pricing for Products and Services
In the event a product or service is listed at an incorrect price or with incorrect information, Trimchallenge shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Trimchallenge shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.
Trimchallenge makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable Content.
Entire Agreement, Updates and Modifications
These Terms and any referenced documents constitute the entire agreement between Trimchallenge and you pertaining to your use of the Site. Trimchallenge may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms and conditions. If you have any questions about these Terms, contact us at email@example.com.
While we do not monitor your use of our Site, Trimchallenge may immediately issue a warning, suspend or terminate your access to the Site for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
Pricing Terms and Conditions
Trimchallenge accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Account you select. If any fee is not paid in a timely manner, or Trimchallenge is unable to process your transaction using the credit card information provided, Trimchallenge reserves the right to revoke access to your Trimchallenge account. If you do not bring your Trimchallenge balance current within five (5) days after Trimchallenge provides you with notification that your account is in arrears, Trimchallenge reserves the right to delete your account including all data and history at our discretion.
The fees for your Account will be billed from the date you sign up and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your “Account” page to see the commencement date for your next renewal period. Trimchallenge will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Account. In the event your Account began on a day not contained in a given month or year, Trimchallenge will bill your credit card on the last day of such month or year. For example, if your Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing number of employees registered to the account, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Trimchallenge may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Your personal information is not shared with anyone, including your employer or your insurance agency.
Trimchallenge may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account” page. If your credit card reaches its expiration date, your continued use of the Trimchallenge constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Cancelling Your Account
Your Trimchallenge Account will continue in effect unless and until you cancel your Account or we terminate it. You must cancel your Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Trimchallenge will bill the monthly or yearly fees associated with your Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Trimchallenge Accounts are prepaid and are non-refundable. Trimchallenge DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Trimchallenge Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Account you may do so via your “Account” page. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a Trimchallenge Account and providing Trimchallenge with your payment account information, you hereby agree to these payment terms and conditions.