General Terms and Conditions for Use of Services

Applicability of Terms; Interpretation.

These terms and conditions of sale (these "Terms") are the only terms that govern the platform and connection services (the "Services") provided by Trim LLC, a Wyoming limited liability company with its principal place of business at 4072 14th Way Northeast, St. Petersburg, Florida 33703 ("We/Us") to you ("Buyer" or "You") designed to connect You with any and all Independent Contractors ("ICs" or "Stylists") who shall actually provide Stylist Services (as later defined herein) to You after We connect You with the applicable IC. We provide platform and connection services that are in the nature of the Services, not the Stylist Services that are delivered to You by any individual Stylist. These Terms shall govern Your access to or use of Our Services, Our Application, Our Site and related content, as well as the process by means of which We connect You and ICs in order for You to receive Stylist Services from the applicable IC. We and You are sometimes referred to hereinafter individually as a "party" and collectively as the "parties."

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US.

For the purposes of these Terms, the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation;" the word "or" is not exclusive; and the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms as a whole. The definitions given for any defined terms in these Terms shall apply equally to the singular, plural and/or possessive forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

These Terms comprise the entire agreement between You and Us and supersede any and all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, by and between You and Us.

By accessing or using Our Services, You confirm that You agree to be bound by these Terms. If You do not agree to these Terms, You may not use Our Services. These Terms apply to all visitors, users and others who access Our Services.

Your access to and use of Our Services, Our Site and Our Application is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our Services, Our Site and Our Application. Please read Our Privacy Policy carefully before using Our Services. By using Our Services, Our Site and Our Application You consent to all actions taken by Us with respect to Your information in compliance with Our Privacy Policy. Our Privacy Policy can be found in this document below.

Notwithstanding anything to the contrary contained in these Terms, We may, from time to time, change the Services without Your consent. If any such changes will materially affect the nature or scope of the Services, we will provide You with reasonable advance written notice at the email address that You supply to Us. It is Your responsibility alone to update Your email address with Us so that We continue to retain an accurate email address for You for all notice purposes.

Our Services.

Our Services consist of Our website (www.trim.me) ("Our Site") and access to it by You, our mobile application (Trim) ("Our Application") and access to it by You, each of which may include online chats, instant messages telephone and/or other communications between Us and You and/or Your Stylist, such communication platform services being designed to enable users such as You to arrange, schedule and receive in-home, on-demand Stylist Services, as the same may be detailed in the Storefront maintained by any particular Stylist on Our Site and/or Our Application.

Our Services are made available to You solely for Your personal, non-commercial use. The haircutting and other barber, grooming, styling and/or beauty services that are provided by any particular Stylist are "Stylist Services." We do not deliver Stylist Services.

Each Stylist may determine, within reasonable guidelines maintained by Us, the range of Stylist Services that the Stylist provides. We perform regular checks to ensure that all Stylists demonstrate to Us that they are licensed, qualified Stylists; however, each Stylist is responsible for the timeliness, quality and execution of Stylist Services. Stylist offerings and rates may vary.

Eligibility for Our Services.

By using Our Services, Our Site and/or Our Application, You acknowledge and agree that We do not provide, and are not responsible for, Stylist Services. You represent and warrant that You (or any party that you are authorized to represent) possess the required capacity and ability to agree to these Terms. You may not agree to these Terms or use Our Services, Our Site and/or Our Application unless You are at least eighteen (18) years of age. You may use the Services on behalf of individuals younger than eighteen (18) years of age only if You are the parent or legal guardian of any such individuals. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OUR SITE AND/OR OUR APPLICATION, AND DO NOT USE OUR SERVICES.

Your Responsibilities and Representations.

You agree when booking an appointment with a Stylist using Our Services to comply with any reasonable rules or requirements of the Stylist that may apply to the delivery of Stylist Services by the Stylist, including those rules or requirements You may be made aware of by any Stylist confirmation email that precedes delivery of the Stylist Services. You further agree to create in Your home, apartment or other dwelling (Stylists do not deliver Stylist Services at other business locations) a safe, well-lit, clean and comfortable environment within which the Stylist can perform work in a reasonable and effective manner, as may be determined in the sole discretion of the Stylist. All such locations where Stylist Services are delivered must provide a Stylist workspace that possesses access to well-maintained bathroom facilities, proximity to a working sink with both hot and cold running water, and a working electrical outlet, as well as seating in which You can sit comfortably and enable the Stylist to perform Stylist Services in a reasonably convenient manner. You shall also not engage in any conduct during a Stylist visit, nor allow others to engage in conduct, that a reasonable person would find offensive, hostile, intimidating, indecent or abusive. If You have pets, You agree to confine Your pets to an area that is separate and apart from that area where the Stylist will deliver Stylist Services, for the duration of the Stylist visit. Should You have a child or children of age thirteen (13) or under, You agree to have separate child care resources (not You or the Stylist) present at all times during the Stylist visit, and You retain sole responsibility for such child care. A Stylist may refuse to provide Stylist Services and/or terminate Stylist Services at any time if You do not fulfill Your responsibilities as set forth in this Section and these Terms, including if a Stylist should feel unsafe or uncomfortable at the service delivery location for any reason.

You understand, acknowledge and agree that Stylists are ICs who operate their own businesses separate and distinct from Us and Our business operations, and that if You believe a particular Stylist is not qualified to provide Stylist Services, has not provided Stylist Services in the manner You expected, or has otherwise not met Your reasonable expectations, then You will immediately inform both Us and the Stylist in writing on Our Site and/or Our Application.

If You are receiving Stylist Services in the State of Florida, You represent that the purpose of Your request for Stylist Services: (i) is in connection with a motion picture, fashion photography, theatrical or television industry, a manufacturer trade show or an educational seminar; (ii) is made owing to Your ill health preventing You from traveling to a registered, licensed barber or salon; or (iii) is a request for Stylist Services to be delivered in a location made without registered barbershop arrangements as may be otherwise permitted by applicable Florida law.

You are responsible for obtaining and maintain the data network access that may be required for You to Use the Services. You mobile network's data and messaging rates may apply if You access or use the Services from Your device. You alone are responsible for acquiring and updating compatible hardware, software and/or devices needed to use Our Site, Our Application and Our Services. We do not guarantee that Our Site, Our Application and Our Services will be compatible with any particular hardware, software and/or device. We are not responsible for any Internet service provider interruptions or other electronic communication interruptions.

Our Site and/or Our Application may contain links to third-party websites, services and advertisements ("Third-Party Sites & Ads"). Such Third-Party Sites & Ads are not under Our control, we provide Third-Party Sites & Ads as a convenience only, We do not review, approve, monitor, endorse or make any representations with respect to such Third-Party Sites & Ads, and are not responsible for their content. If You choose to use or access any Third-Party Sites & Ads, You do so at Your own sole risk.

Booking, Modification and Cancellation.

After selecting a Stylist using Our Site and/or Our Application, You will book the Stylist to provide Stylist Services (the "Booking"). Payment for Stylist Services is made at the time of the Booking; the location for provision of Stylist Services is also chosen by You at this time. The Booking is not final until the location is selected and payment made.

We do not take part in the Booking process of communication between You and the Stylist. The business interaction between You and the Stylist does not involve Us in any related communications; We only provide Our Services which create a platform for You to interact with Your Stylist. As such, We do not have control over (and do not assume responsibility for) the quality, timing of other aspects of Stylist Services. Individual Stylists are ICs and responsible for their own reliability, timeliness and service quality. We do not assume any responsibility for the accuracy of any information provided by Stylists on Our Site or Our Application, and We are not responsible for the conduct of any Stylist whether on Our Site, Our Application or otherwise. You agree, accordingly, to hold Us (including our officers, directors, investors, subsidiaries, agents, assigns, representatives and other such persons or entities, hereinafter "Affiliates") from the acts and/or omissions of any Stylist who provided Stylist Services to You and with whom You connected via Our Site and/or Our Application. You further agree to indemnify, defend and hold Us harmless with respect to Your own actions and/or omissions with regard to Stylists, and that You will conduct Yourself at all times in a respectful, responsible and appropriate manner with respect to all Stylists.

In order to complete a Booking and otherwise use Our Services, You will need to register for and maintain an active personal user Services account (Your "Account"). You must be at least eighteen (18) years of age to maintain an Account. Account registration will require You to provide Us with certain personal information such as Your name, phone number and age, as well as at least one (1) valid credit or debit card payment method and related information. You agree to keep and maintain as current and correct all information in or associated with Your Account. Bookings can only be completed when Your information in Your Account is accurate, complete and up to date. Failure to maintain Your Account and complete, accurate and up to date information, including having an expired payment method on file, may result in Your inability to access or use Our Services and/or termination of Your Account. You are responsible for all of Your Account activity, as well as for maintaining the secrecy of Your Account username and password. You agree not to disclose Your password to any third party. You may not possess more than one Account with Us. You may not use for Your Account a username that is the name of another person of entity, or that is not lawful or available for use, or that is a name or trademark that is subject to any rights of any other person or entity, or that is offensive, vulgar or obscene.

If You need to reschedule a request for Stylist Services, you may do so using Our Site and/or Our Application. All such requests are free of charge if received within 24 hours prior to the date and time when Stylist Services have been scheduled. If You cancel a Booking at least twenty-four (24) hours before the date and time scheduled for Your Booking, You will receive a full refund of any deposit. Refunds for cancellations provided within fewer than twenty-four (24) hours may be partial refunds, in Our sole discretion. Stylists may individually decide to refuse service in the event of repeat rescheduling and/or cancellation of Stylist Services, in their sole discretion.

Payment Terms.

In order to complete a Booking, You must provide Us with a valid payment method and related information. By providing Us with debit/credit card information, You agree that We are authorized to charge Your Account for all fees and charges payable and due to Us, that You grant Us the right to provide Your information to payment processing third parties for purposes of facilitating Your Booking, and that no additional notice or consent shall be required. If Your billing address for Your debit/credit card changes, You agree to notify Us immediately. All payments shall be in United States Dollars. Your agreement with Your debit/credit card issuer will govern Your use of such card and You should refer to that agreement to determine any of Your rights or responsibilities thereunder. You represent and warrant that You have the legal right to use and debit/credit card in connection with payment for Our Services, and that any related information You supply Us is and will be true, correct and complete. All payment cards are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any related delays in providing Our Services or related to the provision of Stylist Services by Your Stylist.

If You complete a Booking for Stylist Services using Our Services, You agree to pay the Stylist the then-current applicable service feel listed by the Stylist on Our Site and/or Our Application. You authorize Us, in that connection, to automatically bill your debit/credit card on Your Account for both the initial Booking and any subsequent Bookings. Except as otherwise provided herein, Your payments to any Stylist are non-refundable unless We and/or the Stylist cancel Your appointment for Stylist Services. Charges to Your debit/credit card will include any applicable taxes, when required by law, as well as a Booking fee and other related or similar fees. The entire total cost will be stated on Our Site and/or Our Application prior to confirming Your Booking and Your debit/credit card being processed.

Any amounts due and owing but not paid by You will bear interest at the rate of one and a half percent (1.5%) per month or the highest applicable legal rate of interest, whichever is less. If any Booking may not be charged to your debit/credit card for any reason, We may provide You with a notice via email and a link for You to use to update Your debit/credit card information. You agree to pay all costs, including but not limited to all reasonable attorneys' fees and costs, in connection with any efforts by Us to recover any such unpaid amounts from You. You shall not withhold payment of any amounts due and payable to Us by reason of any set-off of any claim or dispute with Us.

We cannot and do not guarantee the accuracy or completeness of any information, including prices and services, that may appear on Our Site or Our Application, and We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time and without prior notice.

COVID-19 / Health Safety Policy. You agree that We have not made any warranty as to the condition, efficacy and/or safety of any products or items to be utilized by Your Stylist. You understand and agree that Your use of Our Services connotes Your voluntary acceptance of any related risk(s), including but not limited to the risk of contracting the coronavirus ("COVID-19") and/or any other related or similar condition arising from an epidemic, pandemic or other occurrence of like nature that is beyond Our control and that may occur despite Your Stylist's ongoing efforts to maintain clean and fully sanitary equipment and products. You further agree that You will not request and/or receive any Stylist Services if You are either experiencing symptoms of COVID-19 and/or have a suspected or diagnosed case of COVID-19, and hereby release US from any related claims. We do not take any responsibility for Your failure to provide safe, healthy and sanitary accommodations for the location where Stylist Services are to be provided, and shall not be liable for the same.

You can find World Health Organization guidance regarding COVID-19 safety at the following link: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public.

US Centers for Disease Control and Prevention guidance can be found at the following link: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.

Please periodically check these Terms and this Section for any policy updates.

COPPA Compliance. We strongly urge that You closely monitor the use the Internet and/or Your devices by Your children, so that Your children do not directly access or attempt to access or use Our Services. Our Services, Our Site and Our Application are exclusively for those who are at least eighteen (18) years or older. You are required when creating Your Account to provide your age. We take the Children's Online Privacy Protection Act, 15. U.S.C. 6501-6505, very seriously in addition to all Federal Trade Commission Rules. We do not, however, assume any responsibility for misrepresentations made by You to Us regarding either Your age or consent of a parent or legal guardian when utilizing Our Services, Our Site and/or Our Application. If We determine that You have misrepresented Your age to Us and are not eligible for Our Services, or if such information comes to Our attention, we will immediately terminate Your Account. You agree that You may be denied access to Our Services, Our Site and Our Application if You refuse to provide cognizable proof of Your age and identity.

Our Rights Related to Our Services, Our Site and Our Application.

Our Services, Our Site and Our Application, and all rights therein, are Our sole and exclusive property. Neither these Terms nor Your use of Our Services convey or grant you any rights in or related to Our Services, Our Site and Our Application, nor to or in any of Our company names, trademarks, logos, copyrighted materials, product and/or service names or any service marks, whether registered or unregistered. You may not remove any copyright, trademark or other proprietary information or notices from any portion or part of Our Services. You may not reproduce, modify, distribute, sell, license, lease, resell, transfer, publicly display, transmit, stream, broadcast or otherwise disseminate or exploit Our Services, Our Site and Our Application or any elements thereof without Our express advance written permission, which We may withhold in Our sole discretion. You may not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion or part of Our Services, Our Site and Our Application, nor may You unduly burden or hinder the operation of the same. You may not attempt to gain unauthorized access to, or impair any aspect of, Our Services, Our Site and Our Application and/or any of their related systems and/or networks. Failure to comply with this Section shall be grounds for the immediate termination of Your Account.

Use of Our Services, Our Site and Our Application; Rights and Responsibilities.

For so long as You fully comply with these Terms, We grant You a non-transferable, non-exclusive right to access and use Our Services, Our Site and Our Application, including to download, install and use a copy of the Application, solely on a mobile device and/or computer that You own and control and that is solely for Your personal and/or professional use, subject to these Terms. You acknowledge and agree that We have no obligation to provide You with maintenance and/or support in connection with Our Services, Our Site and Our Application, though We may provide You with such support as We in Our sole discretion deem reasonable in the circumstances.

You may not, at any time and for any reason, (i) license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Our Services, Our Site and Our Application for your commercial benefit in any way, shape or form; (ii) You will not modify, disassemble, reverse compile or reverse engineer any part of Our Services, Our Site and Our Application, nor make derivative works of the same; (iii) You will not access Our Services, Our Site and Our Application with the purpose or object of competing with Us in Our line of business related to Our Services; and (iv) You will not copy, reproduce, distribute, republish, download, display, post or transmit any of Our Services, Our Site and Our Application, nor the content thereof, without Our express advance written permission, which may be granted or withheld in Our sole discretion. All future updates, upgrades and new releases of Our Services, Our Site and Our Application, and any of the elements related thereto, shall be subject to this Section and these Terms.

We may at any time modify, suspend or discontinue Your access to and use of Our Services, with or without prior notice to You. You agree that We will not be liable to You and/or any third party for any modification, suspension or discontinuation of Our Services or any part or portion thereof, including termination of Your Account and any of the content associated with Your Account that may be deleted by Us.

If You provide Us with any written or verbal comments regarding Our Services, Our Site and Our Application ("Feedback"), You assign Us all rights in the Feedback, and We will regard the Feedback as both non-confidential and non-proprietary. You further agree that You will not submit to Us any information or ideas that You consider to be private, confidential and/or of proprietary value, and that You waive any and all rights that You may possess in any such Feedback provided to Us.

Indemnity. You agree to indemnify Us and our officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers incurred by Indemnified Parties, relating in any way to any claim arising out of Your use of Our Services, Your violation of these Terms or Your violation of any applicable laws or regulations. We reserve the right, upon notice to You and at Your expense, to assume the exclusive defense and control of any such matter, and You agree to cooperate with Us and all the Indemnified Parties and the defense of such claims. You agree not to settle any such matter without Our prior written consent.

Disclaimers; Limitation of Liability.

OUR SERVICES, INCLUDING OUR SITE AND OUR APPLICATION, AR PROVIDED "AS-IS" AND "AS AVAILABLE." IN NO EVENT SHALL WE BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT (OR LOSS OF DATA OR DIMINUTION IN VALUE), OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWICE (2X) THE TOTAL OF THE AMOUNTS YOU PAID TO US FOR OUR SERVICES PROVIDED TO YOU DURING THE PRECEDING SIX (6)-MONTH PERIOD.

YOUR USE OF OUR SITE, OUR APPLICATION AND THEIR RESPECTIVE CONTENT, AND ANY SERVICES OBTAINED THROUGH OUR SITE, IS AT YOUR OWN RISK. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITE OR ANY SERVICES OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

The limitations on Our liability set forth in this Section shall not apply to (i) liability resulting directly from Our gross negligence or willful misconduct, and/or (ii) death or bodily injury resulting directly from Our acts or omissions.

If the jurisdiction in which You used Our Services does not allow the limitations and exclusions above, this Section may not apply to You.

Non-Solicitation. You understand and agree that the nature of Our Services are such that We have expended substantial time, effort and expense to engage Stylists as ICs and that We have a legitimate commercial interest of value, and of competitive importance, in retaining our connection and maintaining an ongoing business relationship with those Stylists. As a result, You agree and covenant that You will not, directly or indirectly, during the time that You use Our Services, Our Site and/or Our Application, and for a period of one (1) year after Your Account is terminated, attempt to or actually solicit or engage any Stylist that You used and/or that became known to You as a result of Our Services, Our Site and/or Our Application. Your breach of this Section shall be a material breach of these Terms, and shall result in Your Account being terminated immediately. This non-solicitation provision explicitly covers all forms of oral, written or electronic communication, including but not limited to communications by email, regular mail, express mail, telephone, fax, instant message and social media, including but not limited to by means of Our Services, Our Site, Our Application, Facebook, LinkedIn, Instagram, Twitter and/or any social media platform, whether or not in existence at the time that You agreed to these Terms.

Compliance with Law. We and You shall comply with all applicable laws, regulations, and ordinances related in any way to these Terms. We shall maintain in effect all applicable licenses, permissions, authorizations, consents and permits needed to carry out Our obligations under these Terms.

Termination. In addition to any remedies that may be provided under these Terms, We may terminate Your access to Our Services with immediate effect upon written notice to You, if You: (a) fail to pay any amount when due; (b) have not otherwise performed or complied with any of these Terms, in whole or in part; or (c) become insolvent, file a petition for bankruptcy or commence or have commenced against You proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. You may terminate Your Account at any time by emailing Us a written request for termination. Upon termination of Your Account, whether by your request or otherwise, Your right to access and use Our Services will terminate immediately.

Waiver. No waiver by Us of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by one of Our authorized representatives. No failure by Us to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege by Us precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Assignment. You may not assign any of Your rights or delegate any of Your obligations under these Terms. Any purported assignment or delegation by You in violation of this Section is null and void, and does not relieve You of any of Your obligations under these Terms.

Successors and Assigns. These Terms shall be binding upon and inure to the benefit of You and Us and our respective successors and assigns.

Relationship of the Parties. The relationship between Us and You is that of service provider and consumer of Our Services. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between You and Us, and neither You nor Us shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. These Terms are for the sole benefit of You and Us and our respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

Governing Law; Attorneys' Fees and Costs. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. If any party to these Terms institutes any legal suit, action or proceeding against the other in respect of a matter arising out of or relating to these Terms, then the prevailing party in the suit, action or proceeding shall be entitled to receive, and the non-prevailing party shall pay, in addition to all other damages to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action or proceeding, including reasonable attorneys' fees, expenses and court costs, including any such costs incurred prior to and/or in preparation for litigation.

Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in the City of Tampa (US District Court for the Middle District of Florida, Tampa Division) and the courts of the State of Florida located in the County of Pinellas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any defense of inconvenient forum.

Jury Trial Waiver. WE AND YOU EACH HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION BASED ON OR ARISING OUT OF THESE TERMS. THIS PROVISION IS A MATERIAL INDUCEMENT BOTH FOR US TO PROVIDE OUR SERVICES AND FOR YOU TO RECEIVE OUR SERVICES UNDER THESE TERMS.

Arbitration; Class Action Waiver.

Any and all controversies, disputes, demands, claims and/or causes of action between You and Us or Our employees, agents, successors or assigns shall be settled exclusively through binding arbitration as provided in these Terms.

All arbitration as provided in these Terms shall be pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, 201-208, 301-307. The arbitration shall be conducted before a single, neutral arbitrator with experience in consumer contract disputes, under the auspices of the American Arbitration Association (the "AAA"), and governed by the AAA’s Consumer Arbitration Rules found at https://www.adr.org/Rules.

By agreeing to these Terms, You are GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. Your rights, and Ours, will be determined by a neutral arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than applicable court rules and procedures. Arbitration decisions are as enforceable as a court order, and my be subject to very limited judicial review.

With regard to any arbitration under or involving these Terms, the following rules shall apply:

ANY CLAIMS BROUGH BY YOU OR US MAY ONLY BE BROUGHT IN THE PARTIES' RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING;

THE ARBITRATOR MAY NOT CONSOLIDATE ONE OR MORE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;

We will pay the filing and hearing fees in connection with the arbitration; both We and You will each be responsible for paying any legal counsel that We or You may retain in connection with the arbitration, and any other costs associated with the arbitration, unless applicable law provides to the contrary;

The arbitration will be held in Pinellas County, Florida;

The arbitrator may award any relief permitted by applicable law, including but not limited to an award to the prevailing party of attorneys' fees and costs;

If any part of the arbitration is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision of these Terms will remain in effect and be construed as if the invalid, unenforceable or illegal provision were not contained in these Terms; and

Notwithstanding the foregoing, either We or You may make an appropriate equitable application to a court of competent jurisdiction at any time.

For more information on the AAA, its rules and how to file an arbitration claim, please see http://www.adr.org.

Limitation on Time to File Claims**. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITE, OUR SERVICES OR OUR APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.**

Force Majeure. We shall not be responsible for any loss(es) experienced by You if the fulfillment of any of these Terms is delayed or prevented by riots, war, embargoes, contract or labor disputes or unrest, third party acts, national or state emergencies, instances of terrorism, strikes, floods, fires, epidemics, pandemics, hurricanes, earthquakes, natural disasters or other Acts of God, or any other similar acts beyond Our control (each, a “Force Majeure Event”). Notice providing details of any Force Majeure Event shall be given by Us to You as promptly as practicable after its occurrence. We shall use all possible due diligence to minimize the effects of any Force Majeure Event, so as to facilitate the resumption of full performance of any obligations under these Terms as promptly as is practicable in the circumstances.

Entire Agreement. These Terms constitute the sole and entire agreement between You and Us with respect to the subject matter of these Terms, and these Terms supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between You and Us.

Headings. Headings used in these Terms are for administrative convenience only and shall be disregarded for the purpose of construing and enforcing these Terms.

Notices. All notices, requests, consents, claims, demands, waivers and/or any other communications (each, a "Notice") regarding these Terms shall be by email, receipt confirmation requested. A Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of any breach constitute a waiver of any subsequent breach.

Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Laws, Governing Law, Submission to Jurisdiction, Severability and Survival.

Amendment and Modification. These Terms may be unilaterally amended by Us from time to time, in Our sole discretion. If We make any material and substantial changes to these Terms, We may notify You by sending You and email to the email address You provided to Us when establishing Your Account, and We may also post a prominent notice of such changes on Our Site and/or Our Application. Continued use by You of Our Site and/or Our Application will signify that You acknowledge and agree to the Terms as modified by Us.

Construction. These Terms shall be construed and interpreted fairly in accordance with the plain meaning of its terms and provisions, and there shall be no presumption or inference against the party drafting these Terms when construing or interpreting the Terms.

Questions. If you have any questions about these Terms, You can contact us:

By email: support@trim.me

By visiting this page on Our Site: support.trim.me