Trymbl Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE TRYMBL WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, RESIDENT OF THE UNITED STATES OF AMERICA AND YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT 18 YEARS OF AGE OR DO NOT RESIDE IN THE UNITED STATES OF AMERICA OR OLDER OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE TRYMBL WEBSITE.

These Terms of Service ("Agreement") are between you and Try, Inc. ("Trymbl," "we," or "us") (the company that owns and operates trymbl.com) and govern your access to and use of the Trymbl Website.

"Trymbl Website" means the website at www.trymbl.com or sites related to www.trymbl.com or those that may replace www.trymbl.com.

“Trymbl Products” refers collectively to Trymbl Website and related services that facilitate interaction with the Trymbl Website and interaction with other Trymbl users.

Certain features of the Trymbl Products may be subject to additional guidelines, terms, or rules ("Usage Rules"), which will be posted on the Trymbl Website in connection with such features. All such additional guidelines, terms, rules, and the Trymbl Privacy Policy ("Privacy Policy") are hereby incorporated by reference into this Agreement. Unless otherwise defined in this Agreement, capitalized terms will have the meanings set forth in the Privacy Policy. Your use of the Trymbl Website is governed by the terms of the Trymbl Website Terms of Use in addition to the terms of this Agreement.

1. User Accounts. When you register for the Trymbl Products, you must create a user account ("Account"). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the Trymbl Products; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access any other person’s Account. Trymbl expects and encourages use of one account per household as that would provide a complete a wholesome experience. If multiple accounts with the same shipping address are identified, steps may be taken, at Trymbl’s sole discretion, to request that only one account be used. Trymbl reserves the right to cancel any user account if multiple accounts are identified for the same user or household.

2. User Content

2.1 License. You hereby grant to Trymbl an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purpose of providing you the Trymbl Products. "User Content" means any and all messages, comments, annotations, notes, stickies, and other content and information that a user submits to, posts on, or makes available to the Trymbl Products, excluding Public Content. "Public Content" means any and all messages, comments, annotations, notes, and other content and information that a user submits to, posts on, or makes available to areas designated as public areas on the Trymbl Products. You represent and warrant that: (a) you have the right to grant the foregoing license and to post, submit, and make available your User Content and Public Content; and (b) your User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.

2.2 User Guidelines. You represent, warrant, and agree that: • you will comply with all applicable laws, including privacy laws and intellectual property laws; • you will not post inappropriate, inaccurate, or objectionable content; • you will not bully, harass or advocate harassment of another user or person; • you will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; • you will not post content that contains "junk mail" or "chain letters"; • you will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Trymbl Products; • you will not use the Trymbl Products to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; • you will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not); and • your use of the Trymbl Products, and your User Content and Public Content will not otherwise create liability for Trymbl.

If you violate the guidelines listed above or any other guidelines posted on the Trymbl Website or the terms of this Agreement, or if Trymbl believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Trymbl or third parties, Trymbl reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Trymbl Products, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the Trymbl Products, and terminating the Accounts of such violators.

4. Proprietary Rights

4.1 Use of the Trymbl Products. Subject to the terms and conditions of this Agreement, Trymbl grants you, during the term of this Agreement, permission to access and use the Trymbl Products solely for your personal, non-commercial purposes.

4.2 Not Used.

4.3 Restrictions. You will not: (a) permit any third party to access or use the Trymbl Store or Trymbl Products using your Trymbl Account; (b) rent, lease, loan, sell, license, or transfer the Trymbl Store or Trymbl Products to any third party or exploit the Trymbl Store or Trymbl Products for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Trymbl Store or Trymbl Products or any part thereof, or create an undue burden on the Trymbl Store or Trymbl Products or the networks or services connected to the Trymbl Store or Trymbl Products; (d) reverse engineer, decompile, disassemble, or reverse compile the Trymbl Store or Trymbl Products; (e) introduce software or automated agents or scripts to the Trymbl Store or Trymbl Products so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Trymbl Store or Trymbl Products; (f) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Item or any portion thereof or rights therein; (g) display, perform, or reproduce any Item except as permitted under Section 4.2; (h) remove or modify any proprietary notices or labels on any Item; or (i) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Item.

4.4 Ownership. Trymbl and its licensors own the Trymbl Store, Trymbl Products, the Items, and all other content (except for your User Content and Public Content) contained within the Trymbl Store and Trymbl Products, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Trymbl Store, Trymbl Products, the Items, or any other content (except for your User Content and Public Content) contained in the Trymbl Store or Trymbl Products is strictly prohibited. Trymbl and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement. Despite any use of the terms “purchase,” “buy,” “sell,” “sale,” or similar terms, all Items and the applicable copies thereof are licensed to you under this Agreement, not sold.

4.5 Feedback. By providing comments, suggestions, and other feedback relating to the Trymbl Products, Items, Trymbl’s business, and Trymbl’s current and future products and services (collectively, "Feedback") to Trymbl, you grant to Trymbl an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use and exploit such Feedback, in any format or medium now known or developed in the future, for any purpose and in any manner. Trymbl will have no obligation to compensate you in connection with any Feedback.

5. Interaction with Other Users. You are solely responsible for your interactions with other users. Trymbl reserves the right, but has no obligation, to monitor or take any action regarding disputes between you and other users. To the extent permitted under applicable law, you hereby release Trymbl from any and all claims or liability related to: (a) any content posted on the Trymbl Products or the Trymbl Store; or (b) the conduct, whether online or offline, of any other user.

6. Third Party Websites. Our Trymbl Products and the Trymbl Store may contain links to Internet sites and services maintained by third parties. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Privacy Policy only apply to our Trymbl Products, the Trymbl Store, and Items and do not apply to any other site or information, products, or services on such sites.

7. Third Party Products. Trymbl distributes product samples, digital content (such as videos, reviews, etc.), services and /or social messages manufactured, generated or distributed by third parties ("Third Party Products and / or Services"). Trymbl does not control or take responsibility for the quality of products manufactured by third parties. By agreeing to this Agreement, you acknowledge that you are responsible to read product descriptions to understand if the product may be harmful to you. Trymbl is not responsible or liable in any way for any injuries, illness, damage or other inconvenience resulting from the use or consumption of such Third Party Products and / or Services.

8. Availability and Modification of Trymbl Products. Trymbl reserves the right, from time to time, to suspend, modify, or discontinue the Trymbl Products, in whole or in part, with or without notice. You agree that Trymbl will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Trymbl Products, in whole or in part. Trymbl reserves the right to refuse service of the Trymbl Products to any users, in its sole discretion.

9. Term and Termination. If you fail to comply with any of the provisions of this Agreement, Trymbl, at its sole discretion and without notice to you, may terminate this Agreement. You may terminate this Agreement by sending an e-mail to support@Trymbl.com. Upon such termination by either party, your right to access and use the Trymbl Products will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination and that Trymbl may delete your User Content and Public Content from its servers and databases upon such termination. Notwithstanding any termination, the following provisions of this Agreement will remain in effect: Sections 2.1, 4.3, 4.4, 4.5, 5, and 8 through 19.

10. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TRYMBL (AND ITS SUPPLIERS) PROVIDES THE TRYMBL PRODUCTS, ITEMS, AND ALL OTHER INFORMATION AND CONTENT ON THE TRYMBL PRODUCTS AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT "AS-IS" AND “AS AVAILABLE” AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. USE OF THE TRYMBL PRODUCTS, ITEMS, AND ALL OTHER INFORMATION OR CONTENT ON THE TRYMBL PRODUCTS OR OTHERWISE PROVIDED BY TRYMBL (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK. TRYMBL (AND ITS SUPPLIERS) MAKES NO WARRANTY THAT THE TRYMBL PRODUCTS, ITEMS OR ANY OTHER INFORMATION OR CONTENT ON THE TRYMBL STORE OR PROVIDED BY TRYMBL (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT WILL: (A) BE COMPLETE, CURRENT, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR (B) PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS. TRYMBL DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE TRYMBL PRODUCTS.

11. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) TRYMBL WILL NOT BE LIABLE FOR ANY LOSS OF USE OR LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE TRYMBL PRODUCTS, ITEMS, OR ANY OTHER INFORMATION OR CONTENT ON THE TRYMBL STORE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF TRYMBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TRYMBL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE TRYMBL STORE, TRYMBL SERVICE, ITEMS, AND ANY OTHER INFORMATION AND CONTENT ON THE TRYMBL STORE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO, WITH RESPECT TO AN ITEM, TO THE AMOUNT PAID BY YOU FOR THAT ITEM, AND, WITH RESPECT TO ALL OTHER CLAIMS, FIFTY U.S.DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL TRYMBL’S SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.

12. User Indemnification. You agree to indemnify and hold Trymbl, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any and all losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, relating to your: (a) User Content or Public Content; (b) use of the Trymbl Products; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of any applicable law or any right of any third party.

13. Copyright Policy. You may not post, distribute, or reproduce in any way any Trymbl copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Trymbl’s policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Trymbl or third parties. If you believe that your work has been copied and posted on the Trymbl Products in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: 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; an identification of the location on the Trymbl Products of the material that you claim is infringing; your address, telephone number, and email address; a written 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. Trymbl’s Copyright Agent for notice of claims of copyright infringement can be reached by writing to the following: Copyright Agent, Try, Inc., 435 Milan Dr, Unit 109, San Jose CA, 95134, or by email at support@Trymbl.com.

14. Disclosures. Trymbl is located at 435 Milan Dr, Unit 109, San Jose CA, 95134. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

15. Electronic Communications. The communications between you and Trymbl use electronic means, whether you use the Trymbl Products or send us emails, or whether Trymbl posts notices on the Trymbl Products or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Trymbl in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Trymbl provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

16. Governing Law; Arbitration. This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Trymbl may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

17. General. The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Trymbl will be effective only if in writing. Any waiver or failure by Trymbl to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Trymbl Products contain valuable trade secrets and proprietary information of Trymbl, that any actual or threatened breach of Section 4 of this Agreement will constitute immediate, irreparable harm to Trymbl for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement and the documents referred to herein or incorporated by reference constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

18. Changes. We may amend this Agreement, the Privacy Policy, or the Usage Rules from time to time. Except as otherwise provided in this Agreement, if we make material changes to this Agreement, the Privacy Policy, or the Usage Rules, we will notify you by posting the change on the Trymbl Products or sending you an e-mail at your primary email address, as specified in your Account. Except as otherwise provided in this Agreement, any changes to this Agreement, the Privacy Policy, or the Usage Rules will be effective immediately for new users of our Trymbl Products; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the Trymbl Products. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Trymbl Products following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this Agreement, no amendment to this Agreement, the Privacy Policy, or the Usage Rules will be valid unless in a writing hand-signed by the parties.

19. Trademark and Copyright Notice. TRYMBL, the TRYMBL logo, and other names, slogans, graphics, logos, and trade names used on the Trymbl Products are the trademarks of Trymbl and may not be used without Trymbl’s permission. Third-party trademarks, service marks, and trade names that may appear on the Trymbl Products are the property of their respective owners. Copyright © 2011, Try, Inc.