TERMS & CONDITIONS
GENERAL
We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time for any reason, without notice to you. It is your responsibility to periodically review these Terms and Conditions as posted here for any changes. Your continued use of the Site or Services by you will constitute your acceptance of any changes or revisions to the Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS & MEDICAL ADVICE
Subject to your compliance with these Terms and Conditions, TRIFIXX™ grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to access and make non-commercial personal use of the Site and Services. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use any meta tags or any other “hidden text” utilizing TRIFIXX™’s name or trademarks without the express written consent of TRIFIXX™. All materials on the Site, Services, and social media accounts are the copyrighted property of TRIFIXX™. You shall not reproduce, duplicate, copy, modify, republish, upload, post, transmit, translate, sell, resell, create derivative works, distribute in any manner, or otherwise exploit any material from TRIFIXX™. The Site is protected by United States and international copyright and trademark laws.
By submitting or posting any material (including blog comments, guest articles, social media postings and comments) to us via the Site, Services, social media accounts, contact forms, email, text, private messages, DMs, or otherwise, you are representing: (i) that you are the author and copyright owner of the submission and/or have all rights necessary to provide this submission including images and videos; (ii) that you take full responsibility for the accuracy, copyright compliance, decency, legality, or any other aspect of submitted material; (iii) that you grant TRIFIXX™ unrestricted, worldwide, irrevocable, royalty-free, perpetual, nonexclusive right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display such content in whole or part including any guest post, testimonial, photos, videos, information, ideas, drawing or concepts contained in such content; (iv) that you agree to be solely responsible for your submitted content including links to external websites and any consequences of publishing it on the Site. You agree that the views expressed on the Site are your own and do not reflect the views of TRIFIXX™. Posting your submitted content on our Site does not constitute support or endorsement by TRIFIXX™; and (v) that you acknowledge that we reserve the right to remove or reject submitted content by you at any time without notice and without need to provide explanation.
TRIFIXX™ is not responsible for and does not necessarily hold the opinions expressed by our content contributors in the form of guest blog posts. Opinions and other statements expressed by guest writers are theirs alone, not opinions of TRIFIXX™. Content created by a third party is the sole responsibility of the third party and its accuracy and completeness are not endorsed or guaranteed. While some of our content contributors may be professional health care providers including physicians, TRIFIXX™ is not rendering medical advice of any kind.
RIGHT TO REPRODUCE
If you do post content or submit material, and unless we indicate otherwise, you grant TRIFIXX™ and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TRIFIXX™ and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TRIFIXX™ or its affiliates for all claims resulting from content you supply as set out under the heading entitled “Indemnification”. TRIFIXX™ has the right but not the obligation to monitor and edit or remove any activity or content. TRIFIXX™ takes no responsibility and assumes no liability for any content posted by you or any third party as set out throughout the Terms and Conditions.
NO MEDICAL ADVICE OR SERVICES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED ON THE SITE, SERVICES, AND SOCIAL MEDIA PLATFORMS INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND OTHER MATERIALS, WHETHER PROVIDED BY TRIFIXX™, OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED OR RELIED UPON AS MEDICAL ADVICE OR USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE MAKING ANY CHANGES TO YOUR HEALTH INCLUDING CHANGES BASED ON INFORMATION YOU OBTAIN FROM TRIFIXX™. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SITE. TRIFIXX™ IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, SERVICES, OR SOCIAL MEDIA PLATFORMS, WHETHER PROVIDED BY TRIFIXX™, ITS CONTENT CONTRIBUTORS, MEDICAL EXPERTS, SPONSORS, AFFILIATES, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL “911” OR OTHER EMERGENCY LINE (BASED ON YOUR COUNTRY OF USE) IMMEDIATELY.
THIRD PARTY LINKS
TRIFIXX™ includes links to third party websites (“Linked Sites”) on the Site including links to products and services available for purchase online by third parties. TRIFIXX™ participates in affiliate programs. When you click on some, but not all, links on the Site including blog articles, online member portal, digital class content, social media posts, and/or email communications, we may earn a commission from these programs. TRIFIXX™ does not endorse, make claim to, or verify any of the information found on third party websites including affiliates. TRIFIXX™ is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the content, products, and service of any such Linked Sites, or any additional links contained therein. These links do not imply TRIFIXX™’s endorsement of or association with the Linked Sites. In no event shall TRIFIXX™ be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the Linked Sites or the information, advice, products or services accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster.
Your participation, correspondence, or business dealings with any third party found on or through our Sites are solely between you and such third party. You agree that TRIFIXX™ shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. If you make a purchase on a Linked Site found on or through the Site or any additional links contained in the Linked Site, that purchase is made solely between you and such independent third party. A Linked Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. You agree that TRIFIXX™ shall not be responsible or liable for any loss or damage that you incur, and agree not to assert any claims against TRIFIXX™, arising from your purchase or use of any products or services made available by third parties through the Site.
CONFIDENTIALITY
If you use the Site or Services, you are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer, which may comprise such confidential personal information, and you agree to accept responsibility for all and any potential distribution of such confidential personal information.
TERMINATION
We reserve the right to cancel or terminate your right to use any part of the Site, Services or social media platforms for any reason at any time without notice including 1) to protect and defend our rights or property or those of our users or licensees, (2) to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of our Terms & Conditions, Privacy Policy or any other terms of use or agreement you have with us.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE TRIFIXX™ SITE, THE CONTENT THEREON, AND THE PRODUCTS/SERVICES OFFERED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS AND CONDITIONS, TRIFIXX™ SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY TRIFIXX™, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
TRIFIXX™ DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY TRIFIXX™.
TRIFIXX™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM TRIFIXX™ SHALL DO SO AT HIS/HER OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL TRIFIXX™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE TRIFIXX™ SITE, INCLUDING OUR BLOGS, SOCIAL MEDIA POSTS, COMMENTS OF OTHERS, BOOKS, VIDEOS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF TRIFIXX™ OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL OR THIRD PARTY LINKED SITE; (iii) FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER; OR (iv) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY MATERIALS, PRODUCTS, SERVICES, REFERRALS, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TRIFIXX™ TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND SERVICES IS $1000 (ONE THOUSAND U.S. DOLLARS).
INDEMNIFICATION
Upon a request by TRIFIXX™, you agree to defend, indemnify and hold TRIFIXX™, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the TRIFIXX™ Sites and Services, or the uploading, posting, publishing, mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. TRIFIXX™ reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TRIFIXX™ in asserting any available defence.
JURISDICTION
You agree that these Terms and Conditions shall be construed according to the laws of the Province of Phoenix, Arizona, USA. In the event a dispute arises, you agree and expressly consent that such dispute shall be settled by an arbitrator, who shall be Arbitration Place, currently in Phoenix, Arizona, USA, or an arbitrator chosen by Arbitration Place. You agree that the arbitrator shall decide the procedure of the arbitration and such costs of the arbitration shall be paid equally by You and TRIFIXX™.
BINDING ARBITRATION & CLASS ACTION WAIVER
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless all parties specifically agree to do so following initiation of the arbitration. All arbitrations shall be conducted in Phoenix, Arizona, USA.
STATUTE OF LIMITATIONS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
SEVERABILITY
If any part of these Terms and Conditions is found to be invalid or unenforceable, that portion will be severed from these Terms and Conditions and shall be construed in a manner consistent with applicable law to reflect, and the remainder of these Terms and Conditions shall remain in full force and effect.