WELCOME TO TRIM ART LLC! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. YOUR USE OF TRIM ART LLC, AND YOUR USE OF ANY SERVICES OR APPLICATIONS PROVIDED IN CONNECTION WITH ALLMOXY LLC., CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN FULL, DO NOT USE THIS TRIM ART LLC SERVICE.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.01. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) constitute a valid, legally binding, and enforceable agreement between you and Trim Art LLC and Allmoxy LLC. (Hereinafter jointly refered to as Trim Art LLC These Terms and Conditions shall be deemed accepted by you upon: (a) your use of Trim Art LLC and/or any subsidiary and/or related web site(s), domain name(s) (including, without limitation, the domain name(s) issued by Trim Art LLC to you as a User), and/or IP addresses (hereinafter collectively referred to as “Web Site”); or (b) your use of Trim Art LLC’s services, web applications, programs, products, Web Site, and/or Software (hereinafter collectively referred to as the “Services”); or (c) upon your clicking to accept or agree to these Terms and Conditions where this option is made available to you by Trim Art LLC in the user interface for any Web Site or Service. Trim Art LLC reserves the right, in its sole and absolute discretion, to refuse to allow you to use the Web Site and/or Services for any reason or for no reason.
2. YOUR REPRESENTATIONS AND WARRANTIES
2.01. You hereby represent and warrant to Trim Art LLC that: (a) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; (b) you have the full power and authority to enter into and perform under these Terms and Conditions; (c) your use of the Web Site and/or the Services will not infringe the copyright, trademark, right of publicity, or any other legal right of any person or entity whatsoever; and (d) you will comply with all applicable laws, rules, and regulations in using the Web Site and/or the Services and in engaging in all other activities arising from, relating to, or connected with your User Account, these Terms and Conditions, the Web Site, and/or the Services.
3. DESCRIPTION OF SERVICES
3.01. The Web Site provides authorized Users with access to a variety of resources and Services. You understand and agree that the Services may include certain communications from Trim Art LLC, such as service announcements, administrative messages, and the like, and that any and all such communications are considered part of your User Account, and that you are not permitted to, and will not be able to, opt out of receiving any such communications. Unless specifically stated otherwise, any new features that augment, enhance, or supplement the current Services shall be subject to these Terms and Conditions. You understand and agree that the Services are provided “AS-IS” and “WITH ALL FAULTS” and “AS AVAILABLE” as further set forth herein, and that Trim Art LLC assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any information (including User Information), data (including Registration Data), user communications, content, or personalization settings. You are solely responsible for obtaining access to the Services, which access may involve or necessitate third-party fees including, but not limited to, Internet service providers and/or airtime charges. You further understand and agree that you are solely responsible for any and all costs and fees associated with such access including, but not limited to, third-party fees and airtime charges, and you must provide and are solely responsible for all equipment necessary to access and/or use the Services.
4. PRIVACY POLICY
4.01. Your Registration Data and certain other information about you may be subject to Trim Art LLC’s Privacy Policy, if any, which is or may be available in full at www.Trim Art LLC.com. You understand and agree that through your use of the Services, you consent to the collection and use of your Registration Data, User Information, and other content and information, including the transfer of any such information to any state of the United States and/or other countries for storage, processing, and use by Trim Art LLC and/or its affiliates.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
5.01. In order to become an authorized user of the Services (a “User”), you must accept these Terms and Conditions and create a user account (“User Account”) through Trim Art LLC’s online registration process (the “Registration Process”). In creating a User Account through the online Registration Process, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Web Site (the “Registration Data”); and (b) maintain and promptly update the Registration Data such that it remains true, accurate, current, and complete. In the event that you provide any Registration Data or other information that is untrue, inaccurate, not current, or incomplete, or in the event that Trim Art LLC has reasonable grounds to suspect that any such Registration Data or other information is untrue, inaccurate, not current, or incomplete, Trim Art LLC has the right, in its sole and absolute discretion, to immediately suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof).
5.02. Upon your acceptance of these Terms and Conditions and your completion of the online Registration Process, collectively, you will become an authorized User and you will be issued a User Account for purposes of accessing and using your User Account. Any and all user names and passwords are issued by Trim Art LLC based upon availability, and are and shall remain the property of Trim Art LLC. Upon termination of your use of the Services, or upon termination of your User Account and/or your status as a User, you shall surrender any and all user names and passwords which have been issued to you, and Trim Art LLC shall have the right to re-issue any such user names and/or passwords to any person or entity in Trim Art LLC’s sole and absolute discretion. Only one User Account shall be issued to each User, and you hereby covenant and agree: (a) that you will not allow any unauthorized person or entity to use the User Account that has been issued to you; and (b) that you will not allow any unauthorized person or entity to access the Web Site or use the Services through your user name, password, User Account, or any other means at any time or for any purpose whatsoever. Trim Art LLC shall maintain ownership and control of all user names and passwords that may be issued to you by Trim Art LLC, and Trim Art LLC expressly reserves, in its sole and absolute discretion, the right to change or remove any and all such user names and passwords at any time.
5.03. You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and all other information which is transmitted between you and Trim Art LLC or between you and the Web Site, or which is in any way related to your use of your User Account, the Web Site, and/or the Services (“User Information”), and you are fully responsible for any and all activities that occur under or in association with the same. You agree to immediately notify Trim Art LLC of any unauthorized use of your user name, password, User Account, Registration Data, or User Information, or unauthorized use of the Web Site or the Services, or any other breach of security or potential breach of security, and you agree to ensure that you log out from your User Account at the end of each session or period of use. Trim Art LLC cannot and shall not under any circumstances be liable for any loss or damage of any kind arising from your failure to comply with any of the foregoing, and you agree to indemnify and hold Trim Art LLC harmless from the same.
5.04. You acknowledge, consent, and agree that Trim Art LLC may access, preserve, and disclose your User Information, Registration Data, user name, and/or password, or any of the foregoing, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with any law or legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content or other information (including User Information) violates the rights of third parties; (d) respond to your requests for customer service or other assistance; or (e) protect the rights, property, or safety of Trim Art LLC, its Users, and/or the public.
5.05. You understand and agree that the Web Site and/or the Services, as well as any software embodied within or used in connection with the Web Site and/or the Services (“Software”), may include security components that permit digital materials to be protected, and that use of any such materials is or may be subject to usage rules established by Trim Art LLC. You agree that you shall not override or circumvent, or attempt to override or circumvent, any of the usage rules or security components embedded into the Web Site, the Services, and/or the Software. Any unauthorized reproduction, publication, distribution, or public exhibition of the Software or the materials or information provided on the Web Site or through the Services, in whole or in part, is strictly prohibited.
6. MEMBER CONDUCT
6.01. Trim Art LLC, through the Web Site, the Services, and User Accounts, allows Users to upload, download, and/or transmit certain data and information (including User Information). You understand and agree that any and all information transmitted between any person or entity and Trim Art LLC, the Web Site, and/or the Services is the sole responsibility of the person or entity from whom such information originated. This means that you, and not Trim Art LLC, are entirely responsible for all information that you submit, upload, e-mail, transmit, post, store, or otherwise make available through your User Account, the Web Site, and/or the Services. You agree not to submit, upload, post, e-mail, transmit, download, store, or otherwise make available any information that: (a) infringes the rights of another person or entity including, but not limited to, copyrights, trademarks, patents, trade secrets, rights of privacy, and rights of publicity; (b) is libelous, defamatory, or slanderous; (c) condones, promotes, contains, or links to warez, cracks, hacks, or similar utilities or programs; (d) is pornographic or sexually explicit; (e) does or may denigrate or offend any ethnic, racial, gender, religious, or other protected group through use of language, images, stereotypical depiction, or otherwise; (f) is designed to or does harass, threaten, defame, or abuse others; (g) exploits minors in a sexual or violent manner; (h) promotes, condones, or encourages illegal activity; or (i) is generally offensive or in bad taste.
6.02. You understand and agree that any and all information which you submit, upload, post, e-mail, transmit, store, or otherwise make available through your User Account, the Web Site, or the Services is your sole responsibility, and that such information does not reflect the views or opinions of Trim Art LLC, its affiliates, subsidiaries, partners, licensors, officers, directors, employees, agents, or other representatives. Trim Art LLC shall not be liable to you or to any other person or entity in any way for any such information or for any loss or damage of any kind incurred as a result of the use of any such information which is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through your User Account, the Web Site, or the Services.
6.03. Trim Art LLC generally does not pre-screen, pre-edit, or otherwise control all information that is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through User Accounts, the Web Site, or the Services; however, Trim Art LLC reserves the right, but has no obligation, to engage in any such activities and to monitor interactions between you and other Users, or take any other action(s) in good faith to restrict access to or the availability of any information or material that Trim Art LLC or another User may consider to be a violation of these Terms and Conditions, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
6.04. In addition to the foregoing, you agree to not use your User Account, the Web Site, or the Services to:
(a) Upload, post, e-mail, transmit, or otherwise make available any content or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity including, but not limited to, an Trim Art LLC officer, employee, or other representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or information transmitted through your User Account, the Web Site, or the Services;
(e) Upload, post, e-mail, transmit, or otherwise make available any content or information that you do not have a right to upload, post, e-mail, transmit, or otherwise make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(i) Interfere with or disrupt the Services or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site;
(j) Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, or regulations; and/or
(k) Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in Paragraphs (a) through (k) above.
6.05. In addition to any remedies that Trim Art LLC may have at law or in equity, if Trim Art LLC determines, in Trim Art LLC’s sole and absolute discretion, that you have violated or are likely to violate any of the foregoing prohibitions, then Trim Art LLC may take any action which Trim Art LLC deems necessary to cure or prevent the violation including, but not limited to, the immediate removal of the related content, information, or materials from your User Account, the Web Site, and/or the Services, and/or the immediate suspension or termination of your User Account. Trim Art LLC will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Trim Art LLC to disclose the identity of any person or entity posting such content, information, or materials.
7. PROPRIETARY INFORMATION
7.01. You acknowledge and agree that the Web Site, the Services, and any Software contains, or may contain, proprietary and confidential information that is protected by applicable intellectual property and other laws, and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such information. You further acknowledge and agree that information presented to you through your User Account, the Web Site, or the Services is protected by copyrights, trademarks, trade names, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Trim Art LLC, you agree not to modify, reproduce, rent, lease, loan, sell, license, display, perform, distribute, create derivative works based on, or otherwise use or exploit any such information, the Web Site, or the Services, in whole or in part.
7.02. Certain trademarks, trade names, service marks, and logos used or displayed on the Web Site or through the Services are registered and unregistered trademarks, trade names, and service marks of Trim Art LLC or its affiliates. Other trademarks, trade names, and service marks used or displayed on the Web Site or through the Services are the registered and unregistered trademarks, trade names, and service marks of their respective owners, including Trim Art LLC and its affiliates. Nothing contained on the Web Site, and nothing related to the Services or the issuance to you of a User Account, grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Web Site or through the Services without the prior written permission of Trim Art LLC or such other owner.
7.03. Trim Art LLC grants you, as a User in good standing, a limited, personal, non-transferable, and non-exclusive right and license to use the Services in accordance with these Terms and Conditions; provided, however, that you do not (and do not allow any other person or entity to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or other portion of the Services, or sell, lease, assign, sublicense, grant a security interest in, or otherwise transfer or encumber any right in the Services. You covenant and agree not to modify the Services (or any portion thereof) in any manner or form, nor to use modified versions of the Services (or any portion thereof) including, without limitation, for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Trim Art LLC for use in accessing the Services.
8. USER CONTENT SUBMITTED
8.01. Except as otherwise provided herein, Trim Art LLC does not claim ownership of content that you submit or use in connection with your User Account; however, with respect to any such content that you submit or make available for inclusion on publicly accessible areas of the Web Site, if any, you grant Trim Art LLC the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the Web Site or through the Services solely for the purposes of providing and promoting the Web Site and/or the Services. This license exists only for as long as you elect to continue to include such content on publicly accessible areas of the Web Site, and will terminate at the time you remove or Trim Art LLC removes such content from the publicly accessible areas of the Web Site.
8.02. For purpose of this Section, the term “publicly accessible areas of the Web Site” means those areas of the Web Site that are intended by Trim Art LLC to be available to the general public, if any. Publicly accessible areas of the Web Site would not include portions of the Web site that are limited to Users only.
9. INDEMNITY
9.01. Trim Art LLC (including its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors) shall not be liable to you, your affiliates, directors, officers, agents, employees, partners, or other representatives, or to other Users, or to any other person or entity for any claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of your User Account or your use of the Web Site or the Services. You agree to indemnify and hold Trim Art LLC and its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors harmless from any and all claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of content (including User Information) you submit, upload, post, transmit, or otherwise make available through the Web Site or the Services, your User Account, your connection to or use of the Web Site or the Services, your violation of these Terms and Conditions, your violation of any rights of another, or your violation of any law, rule, or regulation.
10. MODIFICATIONS TO THE SERVICES
10.01. Trim Art LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice. You understand and agree that Trim Art LLC shall not be liable to your or to any other person or entity for any modification, suspension, or discontinuance of the Services.
11. TERMINATION OF USER ACCOUNT BY Trim Art LLC
11.01. In addition to other grounds for termination as set forth in these Terms and Conditions, you understand and agree that Trim Art LLC may, in its sole and absolute discretion, terminate your User Account (including any associated user names, domain names, and passwords) and discard any content, User Information, and Registration Data for any reason or for no reason upon 30 days advance written notice to you. In addition to the foregoing, Trim Art LLC may immediately terminate your User Account without any advance notice to you for any or all of the following reasons: (a) breaches or violations of these Terms and Conditions or other incorporated agreements and/or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Web Site and/or the Services (or any portion thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with your User Account including, but not limited to, the Subscription Fee. You understand and agree that all terminations (other than a cancellation of your User Account in accordance with Paragraph 12.01 below) shall be made in Trim Art LLC’s sole and absolute discretion and that Trim Art LLC shall not be liable to you or any other person or entity for any termination of your User Account. Paid User Accounts that are terminated will not be refunded, and you shall remain liable for any and all charges (including Subscription Fees) incurred in connection with your User Account including, but not limited to, any charges which are billed to you or incurred by you after you receive notice of termination of your User Account. You shall be and remain personally liable for any and all charges and fees incurred in connection with your User Account until all such charges and fees have been paid in full.
12. CANCELLATION OF USER ACCOUNT BY YOU
12.01. You may cancel your User Account by delivering a written notice of cancellation to Trim Art LLC not less than 30 days in advance of the desired date of cancellation. The effective date of cancellation shall be 30 days from the date on which Trim Art LLC receives your written notice of cancellation. Any charges related to your User Account including, but not limited to, Subscription Fees, which have not been paid or which are billed to you after Trim Art LLC’s receipt of your written notice of cancellation but prior to the effective date of cancellation are valid, and you agree to pay any and all such charges in full at or before the effective date of cancellation.
13. DISCLAIMER OF WARRANTIES
13.01. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(a) YOUR USE OF YOUR USER ACCOUNT, THE WEB SITE, AND THE SERVICES IS AT YOUR SOLE RISK. THE WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT Trim Art LLC AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, HAVE NOT MADE, DO NOT MAKE, AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, AND/OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DISCLOSURE BY Trim Art LLC (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) DOES NOT IMPLY THAT ALL INFORMATION HAS BEEN DISCLOSED REGARDING THE WEB SITE OR THE SERVICES, NOR DOES ANY DISCLOSURE CREATE AN OBLIGATION UPON Trim Art LLC (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) TO DISCLOSE ALL INFORMATION CONCERNING THE WEB SITE OR THE SERVICES. Trim Art LLC (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) MAKES NO REPRESENTATION OR WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY THAT USE OF YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL RESULT IN A SUCCESSFUL BUSINESS OR OTHER ENDEAVOR.
(c) Trim Art LLC AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT (i) YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS; (ii) YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OFYOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS; AND/OR (v) ANY ERRORS IN YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL BE CORRECTED.
(d) ANY MATERIAL, INFORMATION, OR PRODUCTS (WHETHER TANGIBLE OR INTANGIBLE) PURCHASED, ACQUIRED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USER ACCOUNT OR YOUR USE OF THE WEB SITE OR THE SERVICES IS PURCHASED, ACQUIRED, DOWNLOADED, AND OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE PURCHASE, ACQUISITION, DOWNLOAD, OR OBTAINMENT OF ANY SUCH MATERIAL, INFORMATION, OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGE TO YOUR TELECOMMUNICATIONS EQUIPMENT, OR LOSS OF DATA. Trim Art LLC DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, ADVERTISED, OR OBTAINED THROUGH THE WEB SITE OR THE SERVICES, OR THROUGH LINKS PROVIDED THROUGH THE WEB SITE OR THE SERVICES.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Trim Art LLC OR THROUGH OR FROM YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
(f) SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
14.01. NEITHER Trim Art LLC, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS, ASSUMES ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY OR DO INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR THE SERVICES, OR YOUR DOWNLOADING OR TRANSMITTING ANY INFORMATION OR MATERIALS TO OR FROM THE WEB SITE OR THE SERVICES.
14.02. IN NO EVENT WILL Trim Art LLC OR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR BUSINESS INTERRUPTION, EVEN IF Trim Art LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (a) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF YOUR USER ACCOUNT, THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, THE SERVICES, OR THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES CONTAINED IN OR ON OR OBTAINED FROM OR THROUGH ANY OR ALL OF THE SAME; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES, DATA, INFORMATION, OR OTHER MATERIAL RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSSACTIONS ENTERED INTO, THROUGH OR FROM YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, INFORMATION (INCLUDING USER INFORMATION), OR DATA (INCLUDING REGISTRATION DATA); (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (e) ANY OTHER MATTER RELATING TO YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY OR PRINCIPLE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH YOUR USER ACCOUNT OR THE WEB SITE OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING YOUR USER ACCOUNT, THE WEB SITE, AND THE SERVICES.
14.03. YOU UNDERSTAND AND AGREE THAT THE SERVICES MAY PROVIDE YOU WITH A VENUE TO PURCHASE OR SELL CERTAIN PRODUCTS OR SERVICES, AND THAT Trim Art LLC IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN ANY USERS OR BUYERS OR SELLERS. Trim Art LLC HAS NO CONTROL OVER, AND DOES NOT WARRANTY OR GUARANTEE, THE QUALITY, SAFETY, LEGALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITEMS ADVERTISED, SOLD, PURCHASED, OR OTHERWISE ACQUIRED, THE TRUTH OR ACCURACY OF ANY INFORMATION, THE ABILITY OF SELLERS TO SELL OR DELIVER ITEMS, THE ABILITY OF BUYERS TO BUY OR PAY FOR ITEMS, OR THAT ANY USER, BUYER, OR SELLER WILL ACTUALLY COMPLETE ANY TRANSACTION. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY OTHER USER(S) OF THE WEB SITE OR THE SERVICES, YOU HEREBY FOREVER RELEASE Trim Art LLC (INCLUDING ITS SUSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, ACTUAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, AS AMENDED, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14.04. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
15. INTERSTATE COMMUNICATIONS
15.01. You acknowledge that by using the Services, you will be causing communications to be sent through various computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Accordingly, you acknowledge that use of the Services results in interstate data transmissions and may result in the transborder transfer of content and personal information including, but not limited to, User Information and Registration Data. You hereby consent to the collection, processing, and transborder transfer of such content and personal information as you may provide or make available through your User Account, the Web Site, and/or the Services.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
16.01. You acknowledge that Trim Art LLC may establish general practices and limitations concerning use of your User Account, the Web Site, and/or the Services, including, but not limited to, the maximum number of dates that information or content will be retained, the maximum space that will be allotted to any server on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that Trim Art LLC reserves the right to modify these general practices and limits at any time and from time to time. You further agree that Trim Art LLC has no responsibility or liability for backing up any information which is in any way related to your User Account, or the deletion or failure to store any messages, communications, content, or other information maintained or transmitted by the Services. It is your sole responsibility to seek appropriate backup solutions.
17. ACCOUNT TRANSFER
17.01. Requests for transferring your User Account from you to another person or entity must be completed by the delivery to Trim Art LLC of a written request which includes Registration Data from the proposed transferee, payment authorization and new billing account information from the proposed transferee, documentation of the proposed transfer (e.g., a purchase agreement, etc…), acceptance of these Terms and Conditions by the proposed transferee, and any other documentation or information deemed necessary or appropriate by Trim Art LLC. Any such transfer shall not be valid unless and until Trim Art LLC approves of such transfer in writing, and Trim Art LLC shall be under no obligation to approve any such transfer, and Trim Art LLC may deny any such transfer in its sole and absolute discretion.
18. CALL MONITORING AND RECORDING
18.01. As part of Trim Art LLC’s commitment to providing the best possible service, Trim Art LLC may monitor and record telephone calls answered by Trim Art LLC and/or made by Trim Art LLC. Trim Art LLC may also archive recorded voice mail messages. Trim Art LLC records telephone calls for training purposes, to improve customer service, and to ensure an accurate record of incoming and outgoing telephone calls, which may be needed to support transactions that take place over the telephone, if any. By accepting these Terms and Conditions, you understanding and consent to the recording of any such telephone calls and/or voice messages in which you are a participant or a party.
19. REVISIONS TO THESE TERMS AND CONDITIONS
19.01. These Terms and Conditions may be revised at any time and from time to time by Trim Art LLC updating this posting. You should regularly, and from time to time, review the then current Terms and Conditions because they are binding upon you. You should also print or save a local copy of these Terms and Conditions for your records. No modification of these Terms and Conditions shall be affected by the acknowledgement or acceptance of any form(s) or document(s) containing terms and conditions at variance with or in addition to those set forth herein.
20. FORCE MAJEURE
20.01. Trim Art LLC shall not be in default or breach of these Terms and Conditions, or of any other agreement, for any delay or failure to perform due to causes beyond Trim Art LLC’s control including, but not limited to, acts of God, fire, earthquake, flood, explosion, strike, labor disturbance, civil commotion, acts of government, government agencies, and/or government officials, or any shortage or failure or delays in the delivery of materials, supplies, labor, equipment, information, data, goods, products, and/or other items.
21. WAIVER
21.01. A waiver by Trim Art LLC of any provision of these Terms and Conditions, whether in writing or by course of conduct or otherwise, shall be valid only in the instance for which it is given, and shall not be deemed a continuing waiver of said provision, nor shall it be construed as a waiver of any other provision hereof.
22. TITLES AND HEADINGS
22.01. Titles and headings of paragraphs or sections of these Terms and Conditions are for convenience of reference only, and shall in no way define, limit, or otherwise affect the construction of any provision hereof.
23. GOVERNING LAW
23.01. These Terms and Conditions, and all matters related hereto including, but not limited to, any matter or dispute arising out of these Terms and Conditions, your User Account, your use of the Web Site, and/or your use of the Services, shall be interpreted, governed, and enforced according to the laws of the State of Utah, and you hereby consent to the jurisdiction and venue of the First Judicial District Court, Box Elder County, State of Utah, and you hereby waive any objection based on forum non conveniens or otherwise.
24. ATTORNEY(S) FEES
24.01. In the event that you or Trim Art LLC brings suit to enforce or interpret these Terms and Conditions, or brings suit for damages on account of the breach hereof, or in the event that you or Trim Art LLC brings suit with regard to any matter concerning or related to your User Account, the Web Site, or the Services, the prevailing party shall be entitled to recover from the other party or parties the prevailing party’s reasonable attorney(s) fees and costs incurred in any such action in addition to any other relief to which the prevailing party is or may be entitled.
25. SEVERABILITY
25.01. Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be valid under applicable law; however, if any provision of these Terms and Conditions is invalid or prohibited under said applicable law, then such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions hereof.
26. INDEPENDENT RELATIONSHIP
26.01. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms and Conditions, or by your User Account or your use of the Web Site or the Services. You have no right to execute any contract or incur any obligation for which Trim Art LLC is or may be liable, or to otherwise bind Trim Art LLC, and Trim Art LLC shall not be liable for any representation, act, or omission made by you.
27. PRONOUNS
27.01. All pronouns, and any variations thereof, shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context may require.
28. NO PROPRIETARY INTEREST
28.01. Your status as a User, the issuance to you of a User Account (including any domain name, user name, and password), your use of the Web Site, and/or your use of the Services does not and shall not confer upon you a proprietary interest of any kind in the Services or in Trim Art LLC, its subsidiaries, affiliates, successors, or assigns.
29. STATUTE OF LIMITATIONS
29.01. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions, your User Account, or your use of the Web Site or the Services, must be filed within one year after such claim or cause of action arose or be forever barred.
30. “YOU” AND “YOUR”
30.01. For purposes of these Terms and Conditions, the terms “you” and “your” shall mean an individual person or an entity, as the context may require.
31. NOTICES
31.01. Notices to You. You understand that Trim Art LLC is providing web-related services, and that Trim Art LLC often communicates with its Users by electronic means. Accordingly, your acceptance of these Terms and Conditions means that you consent to receive electronically from Trim Art LLC any notices, agreements, disclosures, or other communications. You agree that Trim Art LLC may send electronic notices and communications to you by sending such notices and communications to the e-mail address provided by you to Trim Art LLC, and you agree to check such e-mail address regularly for such notices and communications. Any such notices and communications are effective when sent by Trim Art LLC, regardless of whether such notices and communications are received or read by you.
31.02. Notices to Trim Art LLC. Unless otherwise specifically provided herein, all notices to Trim Art LLC required or permitted by these Terms and Conditions shall be in writing and in the English language and may be delivered by personal service, facsimile, electronic mail, or certified mail, return receipt requested, to the address set forth below. If you choose to send any notice by electronic mail or facsimile, a copy of such notice must also be sent to the address set forth below by certified mail, return receipt requested, in order to be valid. All notices sent to Trim Art LLC by personal service or certified mail shall be deemed effective upon Trim Art LLC’s receipt of the same. All notices sent to Trim Art LLC by electronic mail or facsimile shall be effective upon Trim Art LLC’s receipt of the same by certified mail, return receipt requested, as set forth above.
Trim Art LLC.
2411 Kiesel Ave Suite 501
Ogden, Utah 84401
32. ADDITIONAL INFORMATION
32.01. If you do not understand any of the foregoing Terms and Conditions, or if you have any questions or comments, please contact Trim Art LLC for additional information.
PRIVACY POLICY
Trim Art LLC respects the privacy of its Users and those who visit its websites. To demonstrate Trim Art LLC’s commitment to fair information practices, Trim Art LLC has prepared this statement disclosing its general privacy practices. In addition, the federal government and technology industry have developed practical tips to help you secure your computer, protect your personal information, and guard against internet fraud.
Scope of this Privacy Policy
This policy applies only to the Trim Art LLC website and other related websites where Trim Art LLC has caused this policy to appear in the footer of the page (collectively “Trim Art LLC Websites”). The policy that applies to any of Trim Art LLC’s domains or sub-domains is always the policy that appears in the footer of each website. This policy does not apply to the practices of companies that Trim Art LLC does not own or control, or to individuals that Trim Art LLC does not employ or manage.
Information Collection and Use
Trim Art LLC collects, or may collect, certain information from and about its Users (as defined in the Trim Art LLC Terms and Conditions), and those who visit Trim Art LLC Websites, in the following ways:
Information Sharing and Disclosure
Trim Art LLC does not rent or sell information about its Users or others who visit Trim Art LLC Websites. In addition, Trim Art LLC does not share information about its Users, or others who visit Trim Art LLC Websites, except under the following circumstances:
(1) Trim Art LLC discloses information in accordance with the Trim Art LLC Terms and Conditions.
(2) Trim Art LLC responds to subpoenas, court orders, and other legal process, and Trim Art LLC may use information about its Users, and others who visit Trim Art LLC Websites, to establish or exercise its legal rights or defend against legal claims.
(3) Trim Art LLC shares information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or enforcement of Trim Art LLC’s Terms and Conditions, or as otherwise required by law.
(4) Trim Art LLC transfers information about its Users, and others who visit Trim Art LLC Websites, if Trim Art LLC is acquired by or merged with another company. In any such event, Trim Art LLC is under no obligation to notify its Users or others before any such information is transferred and becomes subject to a different privacy policy.
(5) Trim Art LLC does not share information about its Users, or others who visit Trim Art LLC Websites, with any unaffiliated third parties for marketing purposes unless a User or other person gives Trim Art LLC express permission to do so.
(6) Trim Art LLC may share information about its Users, or others who visit any Trim Art LLC Website, with individuals or companies owned by or affiliated with Trim Art LLC.
(7) Trim Art LLC may share information about its Users, or others who access any Trim Art LLC Website, with its agents, representatives, service providers, and contractors for limited purposes including, but not limited to, fulfilling orders, offering certain products and services in connection with Trim Art LLC or other Trim Art LLC Websites, communicating to Users, providing customer service, enhancing and improving Users’ experience, enabling access to other websites, providing a personalized experience, preventing fraud, and completing payment method processing.
Links to Other Web Sites
Websites to which this policy applies may contain links to sites maintained by people or companies that are not affiliated with Trim Art LLC. Trim Art LLC is not responsible for the privacy practices or the content of any such sites, and Trim Art LLC encourages you to use caution when visiting any such sites. In particular, Trim Art LLC recommends that you carefully review the privacy policy applicable to all such sites.
Security Practices
Your information is stored on servers located in the United States. Trim Art LLC treats data as an asset that must be protected, and Trim Art LLC uses numerous tools to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your information that they collect. Therefore, although Trim Art LLC works very hard to protect your privacy, Trim Art LLC does not promise or guarantee, nor should you expect, that your information or private communications will always remain private.
Children’s Privacy
Trim Art LLC does not operate any website or online service that is directed to children under the age of 13, nor does Trim Art LLC knowingly collect personal information from children.
Future Changes to this Privacy Policy
Trim Art LLC reserves the right, in its sole and absolute discretion, to change, modify, amend, add, or remove all or any portion of this Privacy Policy at any time. Trim Art LLC does not notify any person, including its Users, of changes in this Privacy Policy. As such, Trim Art LLC encourages you, and all of its Users, to review its Privacy Policy frequently in order to remain informed of any changes.
Terms and Conditions
To the extent that this Privacy Policy differs from or is in conflict with the Trim Art LLC Terms and Conditions, the Trim Art LLC Terms and Conditions shall govern and be controlling.
Effective Date
This version of Trim Art LLC's Privacy Policy became effective on October 30, 2008.