Trim Buddies LLC
Last updated: March 12th, 2021
The Websites and Services are intended solely and only available to individuals who are at least 21 years of age. You may be asked to verify that you are over 21 years of age during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also at least 21 years of age.
By accessing or using the Websites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Registration and Accounts
In order to access or use some of the Websites or Services, you must first register and create an individual profile for yourself or a business for such Website or Service (each a "User Profile").
By creating a User Profile, you agree that:
Trim Buddies is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, reselling, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. Any User or account found to be reselling Trim Buddies products or Services without the written permission of Trim Buddies will be immediately suspended and prohibited from purchasing any Trim Buddies products and Services through the Websites. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. Trim Buddies assumes no responsibility or liability for any issues, problems, or Content (as defined below) on your User Profile.
User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. Trim Buddies does not review each User Profile to determine if it was created by an appropriate party. In addition, Trim Buddies is not responsible for any unauthorized User Profiles that may appear on the Services. If you believe that a User Profile listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to email@example.com.
For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, product labeling and categorization, location data, and all other forms of data, communication, or media, (b) “User Content” means Content that users submit or transmit to, through, or in connection with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a user’s customers, (c) “Trim Buddies Content” means Content that we create or is otherwise owned by us that we make available in connection with the Websites or Services, (d) “Third Party Content” means Content that originates from parties other than Trim Buddies or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and Trim Buddies Content.
We invite Users to share their experiences of the Services and Websites. All User Content is the opinion of their respective author and not those of Trim Buddies or its affiliates. Trim Buddies neither sponsors, endorses nor necessarily shares the opinions of the author(s). Trim Buddies has not authorized or verified any statements posted by any User; and Trim Buddies is not responsible for any User Content. Trim Buddies may from time to time, and at its sole discretion, determine the suitability of User Content on the Services or Websites. We always invite your comments and you are welcome to contact us at: firstname.lastname@example.org for further information.
By submitting User Content, you represent, warrant, and covenant:
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
License to User and Third Party Content/Data
As between you and Trim Buddies, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant Trim Buddies and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against Trim Buddies and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
Trim Buddies does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Websites and Services, you may be exposed to Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will Trim Buddies be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via Trim Buddies, the Websites, Services, or any related process or venue.
You hereby grant Trim Buddies the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“User Licensed Data”) for any purpose relating to any of the businesses of Trim Buddies or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. If you are a wholesaler, reseller, vendor or retailer of Trim Buddies products or Services, you hereby grant Trim Buddies the right and license to use any data, images, or information that that you publish on your website (“Retailer Licensed Data” and together with User Licensed Data, “Licensed Data”) for any purpose relating to any of the businesses of Trim Buddies or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Trim Buddies shall be owned exclusively by us.
Trim Buddies may also provide users with the ability to login to the Websites or Services with your login credentials from other social networking websites (e.g., Facebook, Google). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
Third Party Materials
The Website or Services might display, include, or make available Third Party Content (including data, information, articles, applications or other products, services, and/or materials) or contain links to third party websites, services, and advertisements for third party offers (collectively, the “Third Party Materials”). You acknowledge and agree that Trim Buddies is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Trim Buddies does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Material.
Indemnity and Release
If there is a dispute between users of the Websites or Services (each, a “Dispute”), you understand and agree that Trim Buddies and its affiliates (including the Websites and the Services) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Trim Buddies (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
As between you and Trim Buddies, you own your User Content. We own the Trim Buddies Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites but excluding User Content and Third Party Material. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Trim Buddies Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Trim Buddies Content, Websites, or the Services or any of the IP Rights of Trim Buddies, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Websites and the Trim Buddies Content are retained by us.
It is Trim Buddies' policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, Trim Buddies will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by contacting us and describing the alleged.
The Websites and Services contain links to third party websites or resources. You acknowledge and agree that Trim Buddies is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Trim Buddies of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Websites or Services. In connection with your access or use of any of the Websites or Services, you may not and will not:
You fully understand, acknowledge and agree that Trim Buddies may, under certain circumstances and without prior notice, immediately terminate your Trim Buddies User Profile and access to the Websites, Services, and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state, or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by Trim Buddies (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of your account, which shall be determined solely by Trim Buddies; (7) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the Websites or any related or affiliated Service, business or website. Termination of a User Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent you from using our Websites and Services in the future. Trim Buddies has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND, AND AGREE THAT:
The laws of the state of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the state courts of Butte County, California, and you and Trim Buddies consent to personal jurisdiction in those courts. You expressly waive the jurisdiction of the federal courts and covenant not to bring any action arising under or related to this agreement in federal court or to remove any such state action to federal court.
The failure of Trim Buddies to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trim Buddies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Trim Buddies.
You acknowledge and agree that Trim Buddies will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. The Services are governed by and operated in accordance with the laws of the United States. Those who choose to access the Website or Services do so on their own initiative and are responsible for compliance with all applicable laws. If you are located outside of the United States, you use the Services and Websites at your own risk. In particular, your information will be transferred to and processed in the United States. By using the Services or Websites, you acknowledge that the data protection and other laws of other countries, such as the United States, may provide less comprehensive or protective standard of protection than those in your country, and you consent to your information being collected, processed and transferred as set forth in these Terms. You further represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
You agree that your Trim Buddies account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
You and Trim Buddies agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Trim Buddies Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Trim Buddies are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Trim Buddies otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section (the AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If needed, the AAA provides a form Demand for Arbitration and additional forms at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration will be conducted and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location & Procedure
Unless you and Trim Buddies otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trim Buddies submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if Trim Buddies changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to email@example.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Trim Buddies’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Trim Buddies in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
You understand and acknowledge that you may incur fees or charges from Trim Buddies, or other third parties in connection with the goods and services purchased or facilitated through the Trim Buddies Platform (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
Trim Buddies may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the Trim Buddies Platform may not accurately reflect pricing. Trim Buddies may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the Trim Buddies Platform.
You may receive Promotions (defined below) or Referral Codes (defined below) that you can apply toward payment of certain Charges. Promotions or Referral Codes are only valid for use on the Trim Buddies Platform, and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions or Referral Codes may apply as communicated to you in a relevant promotion.
All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Trim Buddies Platform, Trim Buddies’ decision to terminate your usage, any disruption to the Trim Buddies Platform, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact firstname.lastname@example.org.
For questions about the Websites or any of the Services we provide, please feel free to contact us at email@example.com or call (833) 874-6239.