This Proprietary service ("Service"), as described on this site is provided by PureTrim (a division of Awareness Corporation) and is provided to you ("the Influencer") subject to the terms and conditions set forth herein ("Terms") and the PureTrim �s Policies and Procedures that may be published from time to time by The Company. From time to time it may be necessary for PureTrim to update or revise certain provisions of the Terms of Service. By joining PureTrim and accepting this Terms of Service, you agree that PureTrim may change the terms of service in its sole discretion without specific notice to you. If you don�t agree to the changes proposed by PureTrim or to any terms in the Terms of Service, your only remedy is to cancel your PureTrim website. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS, AND SPECIFICALLY ALL AWARENESS COMPANY POLICIES AND PROCEDURES AS REFERENCED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN CLICK ON THE "I DISAGREE" BUTTON. IN THAT EVENT, YOU ARE NOT AUTHORIZED TO USE THIS RETAIL WEBSITE SERVICE.
The Service is provided to the Influencer ; provided that the Influencer must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for the Influencer's own access to the World Wide Web; and (3) pay any telephone or other service fee associated with such access. In consideration of using the Service, the Influencer agrees to: (1) provide certain current, complete, and accurate information about the Influencer, as prompted by the Registration form; and (2) maintain and update such registration information ("Registration Data") as required to keep it current, complete and accurate. If any Registration Data provided by the Influencer is untrue, inaccurate, not current or incomplete, The Service retains the right to terminate the Influencer's account and all such Influencer's rights to use the Service. This Service and payment for same shall be governed by the posted information pertaining to said service which terms shall be incorporated herein by this reference and may be modified from time to time by provider as posted on the appropriate website. You promise that you will not use the PureTrim website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the PureTrim website other than for use in creating the Influencer website in accordance with these Terms of Service. This means, among other activities, that you agree not to engage in the practices of �screen scraping�, database scraping, or any other activity with the purpose of obtaining lists of users or other information.
You acknowledge that company may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (1) the maximum limits on bandwidth usage that will be allotted to you. You agree that PureTrim has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that PureTrim reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service reserves the right, in its sole and absolute discretion at any time, and from time to time to modify or discontinue the Service, temporarily or permanently, with notice to the Influencer. The Influencer acknowledges and agrees that The Service shall not be liable, for any damages whatsoever, to the Influencer or any third party in the event that The Service exercises its right to modify or discontinue the Service.
In addition to the restrictions on disclosure of Registration Data as set forth in Section 2 above and The Service's Privacy Policy, The Service will not edit, delete or disclose the contents of a Influencer's private data unless authorized by the Influencer or unless The Service is required to do so by law or in the good faith belief that such action is necessary to: (1) conform with applicable laws or comply with legal process served on The Service; (2) protect and defend the rights or property of The Service; or (3) enforce the Terms.
The Influencer shall choose a password and Username upon completing the registration process. The Influencer is responsible for maintaining the confidentiality of the password and Username. Furthermore, the Influencer is entirely responsible for any and all activities that occur under the Influencer's password or Username. Influencer agrees immediately to notify The Service of any unauthorized use of the Influencer's password, Username or any other breach of security known to the Influencer.
The Influencer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Service or in sponsor advertisements or commercially produced information presented to the Influencer by PureTrim, is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and the Influencer is permitted to use this Content only as expressly authorized by this agreement, as applicable. The Terms do not transfer any right, title or interest in the Service or the Content to the Influencer and the Influencer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the company.
The Influencer agrees to abide by all applicable local, state, national, and international laws and regulations in the Influencer's use of the Service.
THE Influencer EXPRESSLY AGREES THAT USE OF THE SERVICE IS SOLELY AT THE Influencer'S RISK AND THAT THE SERVICE HAS NO LIABILITY OF ANY KIND WITH RESPECT TO Influencer'S USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE Influencer'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
THE SERVICE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Influencer FROM THE SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO A PARTICULAR Influencer.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES , INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A PARTICULAR Influencer.
Either the Influencer or The Service may terminate the Service with or without cause at any time and effective immediately. The Service shall not be liable to the Influencer or any third party for termination of Service. Should a Influencer object to any of the Terms or any subsequent modification thereto or become dissatisfied with the Service in any way, the Influencer's only recourse is immediately to: (1) terminate use of the Service; and (2) notify The Service of termination. Upon termination of the Service, the Influencer's right to use the Service ceases immediately.
All notices required hereunder to a party shall be in writing and shall be made via either email or regular U.S. mail. Notwithstanding the foregoing, The Service may broadcast notices or messages to Influencers through the Service, or other matters of importance. Such broadcasts shall constitute notice to each Influencer.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. The waiver by either party of a breach or a default of any provision of the Terms by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. The Terms shall be governed by and construed in accordance with the laws of the state of Arizona without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Exclusive jurisdiction and venue for any litigation arising under this Agreement is in the federal and state courts located in Maricopa County, Arizona and the Influencer agrees to take any and all necessary or appropriate action to submit to the jurisdiction and venue of such court. The Terms and any modification thereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
The Influencer acknowledges that (a) the Influencer has read and understands the Terms; and (b) that the Terms have the same force and effect as a signed agreement.