TRIM.co Terms and Conditions of Use
Last Updated: August 7, 2020
Welcome to TRIM.co! TRIM.co LLC and its affiliates, subsidiaries and parent companies (collectively, “TRIM.co”) are pleased to provide you (“User”) with access to and use of our websites, applications, content, streaming services, software, technology, health and beauty services, and any other materials (collectively, “TRIM.co Services”) that we may provide. By accessing TRIM.co Services, you agree to be bound by these Terms and Conditions of Use (“Terms”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY TRIM.CO SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF TRIM.CO SERVICES.
TRIM.CO SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 18.
1. Intellectual Property and Limited Licenses.
- TRIM.co’s Ownership. You hereby agree that TRIM.co owns all right, title, and interest in all intellectual property constituting, delivered through, or otherwise associated with TRIM.co Services, including any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property contained therein. You expressly agree that you are not conveyed any right or license in or under any patent, trademark, copyright, or other proprietary right of TRIM.co.
- Limited License. Subject to your compliance with these Terms, for any TRIM.co Services that enable you to use any software, content, or other materials owned or licensed by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific TRIM.co Services, and any related software, content, or other materials for your personal, non-commercial use only. This limited license does not allow you to modify or copy the materials; use the materials for any commercial purpose or for any public display; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person. You are prohibited from accessing or using any TRIM.co Services in an unlawful or unauthorized manner.
- Third-Party Services. Certain TRIM.co Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the TRIM.co Services.
- Rights and Terms for App. Subject to your compliance with these Terms, TRIM.co grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy, modify or create derivative works based on the App; distribute, transfer, sublicense, lease, lend or rent the App to any third party; or reverse engineer, decompile or disassemble the App. TRIM.co reserves all rights in and to the App not expressly granted to you under these Terms.
3. No Warranties.
TRIM.co Services are provided “as is” and “as available,” without any performance assurances or guarantees of any kind. TRIM.co makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TRIM.co does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to TRIM.co Services, or that TRIM.co Services will meet your requirements or benefit you in any particular way. TRIM.co reserves the right to modify, add to, remove, or alter TRIM.co Services at any time, in its sole discretion.
You agree to indemnify, defend, and hold harmless TRIM.co and its directors, officers, employees, and agents, past and present, from and against all claims, damages, losses, and costs that arise from or relate to your use of TRIM.co Services or these Terms.
5. User Conduct.
By using TRIM.co Services, you hereby warrant and agree to the following:
- You use TRIM.co Services as your sole risk. You will not hold TRIM.co or its third-party service providers, employees, licensors, and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of TRIM.co Services.
- You will only use the TRIM.co Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any TRIM.co Services.
- You will not copy, reproduce, or improperly use or access any content on TRIM.co.
- You will not disrupt or interfere with the security or functioning of, or otherwise abuse, the TRIM.co Services, or any accounts, servers, or networks connected to or accessible through the TRIM.co or affiliated or linked sites.
- You will not use any data mining, “scraping,” web crawling, robots, or similar data gathering and extraction methods on the TRIM.co site.
- You will not harvest or otherwise collect information about TRIM.co users.
- You will not download, “rip,” or otherwise attempt to obtain unauthorized access to any TRIM.co Services, content or other materials.
- You will not violate any applicable law or regulation in your use of TRIM.co Services.
COVID-19 Changes: The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. Although the state of medical knowledge is evolving, COVID-19 is reported to be extremely contagious and can spread from person-to-person contact, through the air, and/or by contact with contaminated surfaces and objects. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death. TRIM.co is undertaking numerous measures and safety procedures to prevent the spread of COVID-19. Nonetheless, TRIM.co cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing TRIM.co’s in-person personal care services (i.e., hair cuts, nail trim, waxing, hair styling) at any of our locations. If you choose to utilize TRIM.co’s in-person Services and/or enter TRIM.co’s locations, you understand you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19, and you hereby accept those risks.
When using TRIM.co in-person Services at any of our locations, you agree to comply with TRIM.co’s COVID-19 response procedures before entering one of our locations. You agree to comply with all federal, state and local laws directed at addressing the COVID-19 crisis. In addition, you agree to comply with all health and safety measures implemented by TRIM.co while at our locations, including but not limited to answering a health questionnaire to determine whether you may have, or have been exposed to, COVID-19, wearing a face covering while on our premises, and maintaining social distancing protocols. TRIM.co will not retain your responses to the COVID-19 health questionnaire. You understand that we reserve the right to refuse service to you if you fail to comply with any of these requests.
You also hereby agree to release and waive your right to bring suit against TRIM.co and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing TRIM.co’s Services and locations. You understand this waiver means you give up your right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim you may have to seek damages, whether known or unknown, foreseen or unforeseen.
6. Photo and Video Release.
By using TRIM.co Services, you hereby grant to Trim.co an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to your voice, image, persona, and likeness in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, video tape, and audio tape) taken or to be taken by or on behalf of Trim.co during your participation in any of Trim.co’s services or while at any of Trim.co’s locations (the “Content“). This license includes without limitation the right to: (a) reproduce, modify, create derivative works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media (the “Works“); and (b) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. You hereby waive the right to royalties or other compensation arising or related to the use of the Consent, and you waive the right to inspect, approve or edit any such use or reproduction. Trim.co may make all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.
7. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, TRIM.CO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, PAST AND PRESENT, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, REVENUES, PURE ECONOMIC LOSS, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR OTHER INTANGIBLE LOSSES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES WITH TRIM.CO SERVICES OR ON THE TRIM.CO SITE;
- PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF TRIM.CO SERVICES OR THE TRIM.CO SITE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF TRIM.CO SERVICES OR THE TRIM.CO SITE;
- ANY INTERRUPTION OR CESSATION OF TRIM.CO SERVICES OR THE TRIM.CO SITE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH TRIM.CO SERVICES OR THE TRIM.CO SITE BY ANY THIRD PARTY;
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
8. Safety Warning.
TRIM.CO OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR RECREATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. THE INFORMATION PROVIDED THROUGH THE TRIM.CO SERVICE IS NOT MEDICAL OR HEALTHCARE ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD CONSULT A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL.
IN USING TRIM.CO SERVICES, YOU AFFIRM THAT YOU DO NOT KNOW OF ANY HEALTH REASON FOR WHICH YOU SHOULD NOT EXERCISE OR USE TRIM.CO SERVICES. YOU USE TRIM.CO SERVICES SOLELY AT YOUR OWN RISK.
9. Applicable Law.
These Terms, including any disputes thereunder, shall be governed by the laws of the Commonwealth of Kentucky, without regard to conflicts of law.
You hereby agree to submit any dispute arising under these Terms or concerning these Terms or TRIM.co Services, including any dispute regarding the valid execution or operation of these Terms, to binding arbitration, administered by the American Arbitration Association (“AAA”) and pursuant to the Commercial Rules thereof. TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO BRING ANY CLAIM AGAINST TRIM.CO ARISING OUT OF THESE TERMS OR ANY TRIM.CO SERVICES AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR AS ANY PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT YOU WILL NOT COMBINE ANY INDIVIDUAL CLAIMS WITH CLAIMS OF OTHERS.
The arbitration shall be held in Louisville, Kentucky before a panel of three arbitrators, all of whom shall be chosen from a panel of arbitrators selected by the American Arbitration Association (or such other independent dispute resolution body to which they shall mutually agree). Each of the parties to the dispute shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. If the two arbitrators are unable to agree on the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association (or such other independent body to which they all mutually agree.). The decision of the arbitrators shall be final and binding upon the parties and judgment upon such award may be entered in any court of competent jurisdiction. All costs of the arbitration and the AAA shall be borne equally by both Parties to these Terms, regardless of the final decision. Each Party shall bear its own costs, including attorneys’ fees, arising out of any dispute between the Parties concerning these Terms. Any panel constituted to hear and decide a dispute between the Parties shall not be empowered to award attorneys’ fees as part of any award.
11. Limitation of Legal Action.
YOU AND TRIM.CO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TRIM.CO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
12. Force Majeure.
TRIM.co shall have no liability hereunder due to circumstances beyond its control, including, but not limited to, acts of God, terrorism, flood, broadband outages, natural disaster, pandemics, regulation or governmental acts, fire, power surges or outages, civil disturbance, weather, or any unauthorized access to or destruction or modification of TRIM.co Services, in whole or in part.
These Terms are binding upon your successors, heirs, executors, administrators, personal representatives, and permitted assigns.
14. Changes to These Terms.
TRIM.co may, in its sole and absolute discretion, and without any liability, change or revise these Terms at any time. TRIM.co will post any modified Terms on this website (with a “Last Updated” date at the top of this page). Modifications will be effective on the date that they are posted to the TRIM.co Site. You must review the Terms whenever they are updated before you continue to use TRIM.co Services. If you continue to use TRIM.co Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree with any of the changes, you must discontinue using any and all TRIM.co Services.
15. Partial Invalidity.
The invalidity of one or more of the phrases, sentences, clauses, or sections contained in these Terms shall not affect the validity of the remaining portions.
16. Entire Agreement.