TryNow Terms of Use

TryNow, Inc. (“TryNow”) offers a service that gives its users the ability to purchase products online (“Products”) and with an opportunity to try and return such Products without being charged if the decide not to keep them. The following terms and conditions (the “Terms”) form a binding agreement between you and TryNow, and govern your use of the website located at www.trynow.com (the “Site”), the services offered through the Site, and any orders that you place (collectively, the “Services”).

Please read these Terms carefully. By creating an account, ordering Products, using the Services, visiting the Site, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms.  You represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or, if applicable, the entity that you represent). If you do not wish to be bound by these Terms, you may not access or use the Services or order or purchase any Products.

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These Terms are subject to occasional revision. We will notify you of any changes to our Terms by posting the new Terms at www.trynow.com/terms and updating the “Last Updated” date below. If you have registered for an Account, we will also notify you of material changes by sending an email to the email address associated with your Account. For existing users of the Services, any changes to these Terms will be effective thirty calendar days following notification of such change, and for new users, these changes will be effective immediately. Continued use of the Services following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

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Accounts

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You may browse the Site as a visitor or you may create an account (“Account”) to become a customer (“Customer”). You must be a Customer to order Products.  To become a Customer, you must provide your name, email address, shipping address and other registration information (“Account Information”), which you should not share with any third parties. In becoming a Customer, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Customer.

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Orders and Returns

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As a Customer, you may order Products via the interface provided on the Site.  Pricing will be as set forth on the Site.  You will have a specified period to try the Products and decide if you would like to keep them, which will be designated on the checkout page of the Site when you order the Products (the “Trial Period”).  If you do not want to keep any of the Products ordered, you can return them per the instructions described in your order.  Any returned Products must be in original condition unless the merchant offering the Product permits otherwise in their policies described in your order.  At the time of your order, Trynow may place an authorization on your credit card for the full amount of your order, but will not charge your card for such an amount until the end of the Trial Period.  Throughout the Trial Period, TryNow may re-authorize your credit card for such amounts in order to maintain a current authorization.  If an authorization fails, Trynow reserves the right immediately to charge you pursuant to the last successful authorization.  If you return a Product in accordance with these Terms, then you will not be charged for such Products.  You may be charged for return shipping, depending on the policies of the merchant offering the Product.  If you do not return a Product with a postmark on or before the end of the Trial Period, or if you fail to comply with these Terms with respect to the return of such Products, you will then be charged for the Products at any time after the end of the Trial Period. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned in their original condition, at which point you will be deemed to have rejected the Products and title will return to us.

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Failure to pay

You are responsible for providing us with up-to-date and accurate credit card and shipping information.  TryNow is not liable in any respect for your failure to do so, and neither will your failure to do so relieve you of any liability to pay for Products pursuant to these Terms.  TryNow and its partners reserve the right to invoice you for products which are not paid for via the credit card information you provide.

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Intellectual Property

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms. Furthermore, except for the limited license above, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of TryNow. Ownership of all such Marks and the goodwill associated with such Marks remains with us. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third-party software provided in connection with the Services will be governed by such third parties' licenses and not by these Terms.

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Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to improve our Services or for any other business purpose, and that you will not be due any compensation for your Feedback.  You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

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Acceptable Use Policy

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

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Right to Suspend

TryNow reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Products at any time at our discretion including, as necessary to protect the security or operation of the Services.

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Modifications to the Services

TryNow reserves the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

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Privacy

We know that your privacy is important. For this reason, we have created a privacy policy https://www.trynow.com/privacy-policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

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Third Party Content and Other Websites

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services, including for example, in Product descriptions, photographs and other related information. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties or violation of any third-party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of makers of Products we sell. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

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Disclaimer of Warranties

The Services and all content, products and services included on or otherwise made available to you through the Services are provided by TryNow “with all faults” and on an “as-is” and “as-available” basis. TryNow makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, Products or services included on, or otherwise made available to you through, the Services, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and Products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products and you agree that you will not sue TryNow for any claim related to any Products purchased through the Services.

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To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

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Limitation of Liability

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).

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To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

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Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

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Indemnification

You agree to indemnify, defend and hold harmless TryNow, our parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

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Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that material on this Site is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our Services that you claim is infringing and that you request us to remove;

4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and email address;
6. A 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
7. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

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Our copyright agent for notice of claims of copyright infringement on the Services is:

Designated Agent: Copyright Agent

Email: support@trynow.io

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Disputes; Class Waiver; Waiver of Trial by Jury

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These Terms are governed by the laws of the State of California, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the state and federal courts in San Francisco, California, and each party irrevocably submits to the jurisdiction of such courts.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

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The parties hereby waive their constitutional and statutory rights to have a trial in front of a jury, instead electing that all claims and disputes will resolved by a judge. 

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All claims and disputes within the scope of these Terms must be litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be brought jointly or consolidated with those of any other customer or user.

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General Terms

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. TryNow may freely assign these Terms.  You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. TryNow will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. We are located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.

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Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

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Notice

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to support@trynow.io or as otherwise expressly provided. 

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