Terms of Service
Last Updated: December 29, 2022
These terms of use (the “Agreement,” “Terms” or “TOS”) form a binding agreement between you as a user (“you” or “your” or a “User”) and Trysk Medical Solutions, Inc. and our affiliated entities (“Trysk”, “Company”, “we” or “us”) and shall be the equivalent of a written paper agreement between you and us. These Terms apply to your use of our products provided on our website currently located at www.painarmor.com (the “Site”) and any services, content, communications, and product features relating to the Site. By accessing or using any content, information, services, features or any other resources or materials related to Trysk or made available via the Site (the "Services"), you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services; and (4) acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. Except as otherwise provided herein, if you do not agree to be bound by (or cannot comply with) this Agreement, you may not access, copy, install or use the Services.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 22 BELOW BEFORE USING OUR SERVICES.
We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you do not agree to these Terms of Service, you must immediately stop using our Services.
1. General. Subject to the terms of this Agreement, you are responsible for your use of the Services, and you acknowledge that the Services and the information and content available on the Website (as these terms are defined herein) are protected by copyright laws throughout the world and may be owned by the Company or third parties. You agree not to make any use of our Services that would infringe the copyright therein. Subject to the Agreement, Trysk grants you a limited license to reproduce obtain, listen to, view or read (as the case may be) portions of our Services that may be obtained by you in digital form for the sole purpose of using the Services for your personal, non-commercial entertainment and/or health purposes. Unless otherwise specified by Trysk in a separate license, your right to use any and all Services and products is subject to the Agreement and applicable copyright law. You represent, warrant and agree that you are using our Services and products for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind.
2. Device Disclaimer. THE PRODUCTS PROVIDED BY TRYSK ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT OR PREVENT DISEASES OF ANY NATURE. Our products utilize gentle electrical waves to stimulate muscles. As such, please only use our products in an environment that is safe to do so. Do not use our products near metal or strong magnets, or in or near water. Please seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Trysk does not recommend or endorse any specific physicians, procedures, products (including our products), opinions or other information that may be included on the Service; the same are only for informational purposes. Your usage of our products and Services is solely at your own risk.
3. Privacy. By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (available at www.stimskin.com (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.
4. Accounts. Some Services offered by the Company require you to create an account. If you create an account, you agree that all the information you provide will be true and accurate, and that you have the authority to create the account. You are responsible for keeping your account information secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. If you provide the Company an email address as part of an account creation, the Company may furnish you with written correspondence regarding your account and/or other Trysk-related material, including promotional materials.
5. Eligibility.
By using our Services, you represent and warrant that you:
If an individual, are at least 18 years old;
Are legally qualified to enter a binding contract with us;
Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
Are not on any list of individuals prohibited from conducting business with the United States;
Are not prohibited by law from using our Services;
Do not have more than one account on our Services; and
Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and to delete all information provided by you to our Services.
6. Intellectual Property. The Services contains a variety of: (i) materials and other items relating to Trysk, and its products and Services including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); trademarks, trade dress, logos, trade names, service marks, and/or trade identities of Trysk (collectively, “Trademarks”); and other forms of intellectual property (all of the foregoing collectively, “Intellectual Property”). Trysk will remain the sole and exclusive owner of all Intellectual Property rights in and to each product and the Services made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other Intellectual Property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or Services made available through this Site, or of any intellectual property rights relating to those products or Services.
7. Ownership. The Intellectual Property is owned or controlled by Trysk, our licensors and/or certain other third parties. All right, title, and interest in and to the Intellectual Property available via the Services is the property of Trysk or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Trysk owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Intellectual Property on the Service.
8. Compliance with Laws. You agree to use the Services only for lawful purposes, and to conduct your business and any transaction that uses the Services, in accordance with all applicable laws and regulations. You will not use the Services for any fraudulent or illegal activity.
9. Your License to the Services. Subject to your payment of applicable fees and continued compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Services as authorized in these Terms. You acknowledge and agree that we may modify, update, and otherwise change the Services at any time in our sole discretion.
Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
10. Restrictions On Use. You agree that you will not:
a. distribute the Services for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Services by way of the press or media or through any commercial network, cable or satellite system;
b. you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Trysk properties (including images, text, page layout or form);
c. you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our Services or products except to the extent the foregoing restrictions are expressly prohibited by applicable law;
d. license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit our Services or any portion of our products;
e. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
f. probe, scan or test the vulnerability of the Services and any system or network;
g. breach or otherwise circumvent any security or authentication measures;
h. access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
i. access, search, or create accounts for the Services by any means other than our publicly supported interfaces;
j. promote or advertise products or services other than your own without appropriate authorization;
k. circumvent storage space, usage, or transaction limits for improper means, including attempting to circumvent our fees;
l. publish or share materials that are unlawful or indecent, or that contain extreme acts of violence or terrorist activity;
m. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
n. harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
o. storing, publishing or sharing material that is fraudulent, defamatory, or misleading; or
p. violate the law in any way.
11. Investigations. Trysk may, but is not obligated to, monitor or review the usage of its Services at any time. Without limiting the foregoing, Trysk shall have the right, in its sole discretion, to prevent you from accessing the Services for any reason (or no reason), including if you violate any of the restrictions on use above or violate the Agreement or any applicable law. Although Trysk does not generally monitor user activity occurring in connection with the Services, if Trysk becomes aware of any possible violations by you of any provision of the Agreement, Trysk reserves the right to investigate such violations, and Trysk may, at its sole discretion, immediately terminate your license to use the Services, in whole or in part, without prior notice to you.
12. Feedback. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.
13. Fees. By using our Services, you agree to pay all fees. We reserve the right to adjust our pricing and fees at any time. We will notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction on the appropriate transaction authorization page.
14. Third-Party Links and Services. Some of the services offered through our Services may be provided through third-party service providers. By using our Services, you hereby agree to the online terms and policies of such third-party service providers.
You acknowledge that we do not operate or control the content, products, or services posted on or offered by such third-party providers. Any responsibility for such content, products or services offer by such third-party providers lies solely with such third-party providers. By using our Services, you agree that use or incorporation of the services provided by such third-party providers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances shall we be liable for any damages arising from the content, products or services offered by such third-party providers, whether or not they are incorporated into our Services. We reserve the right to change any of our third-party service providers at any time.
Our Services may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to, or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages you or any third party may suffer because of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
15. Terms Applicable to Purchases.
a. Purchases Generally. To purchase certain products or services sold on the Service, we may require you to be of sufficient legal age as specifically indicated in these Terms. Prior to the purchase of any product or services, you will be asked to supply certain information relevant to your purchase, including, without limitation, associated payment information (such as your payment card number, the card type, the date of expiration, and any activation numbers or codes needed to charge your card or payment account), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. By submitting that information to us or to our third-party payment processor, you agree that you authorize us and/or our processor to charge your card/account at our convenience. For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other account/form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. Verification of information may be required prior to the acknowledgment or completion of any transaction on the Service. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products and services. You are responsible for paying any such taxes or charges imposed on your purchases, including, without limitation, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that we deem is required in accordance with our order policy in effect at the time of purchase.
b. Return Policy. All purchase transactions made through the Service are subject to this Section and our Terms in effect at the time of purchase. We offer free returns within 30 days of purchase. You can return your product for store credit, a different product, or a refund to the original payment method. Please note the following exceptions to our return and refund policy: (i) Discounted items are final and cannot be returned or exchanged; (ii) Returned items must have tags still on and be returned in original product packaging; and (iii) Returned items must have no visible signs of wear or use. To initiate a return, please complete the following steps: (1) Reply to your order confirmation email to request which products you would like to return; (2) Print the prepaid return shipping label that you will receive by email; and (3) Send all items back to us using the label provided.
c. Order/Shipping Policy. All purchase transactions made through the Service are subject to this Section and our Terms in effect at the time of purchase. All products purchased from us are delivered to you by a third-party delivery company. We will arrange for shipment of the products to you. Please check the individual product page for shipment and delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the third-party delivery company. You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the third-party delivery company. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delay in shipments or for deliveries rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.
d. Order Acceptance Policy. You agree that your order is an offer to buy, under these Terms, all products and Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive a confirmation from us via email. As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received. We may refuse any order that is connected with a previous credit card dispute. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
e. No Responsibility to Sell Mispriced Products. We do our best to describe every item, product or service offered on the Service as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order. If a product you purchased from us is not as described on the Service, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to the terms of Section 15b.
f. Modifications to Prices or Billing Terms. Purchases of products and services on the Service are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Service are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Service; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.
16. Indemnity. You agree to indemnify and hold Trysk, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Trysk Party" and collectively, the "Trysk Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your use of, or inability to use, our Services; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. Trysk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trysk in asserting any available defenses. This provision does not require you to indemnify any of the Trysk Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to our Services.
17. Limitations on Liability and Disclaimers. TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TRYSK BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
a. the Service (including the Intellectual Property);
b. your use of or inability to use the Service, or the performance of the Service;
c. any action taken in connection with an investigation by Trysk or law enforcement authorities regarding your access to or use of the Service;
d. any action taken in connection with copyright or other intellectual property owners or other rights owners;
e. any injury you sustain directly or indirectly as a result of your use of the Service or any products or services purchased through the Service;
f. any errors or omissions in the Service’s technical operation; or
g. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Trysk was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRYSK’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TRYSK TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
18. Disclaimer of Warranties and Conditions.
a. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TRYSK SERVICES AND PRODUCTS IS AT YOUR SOLE RISK, AND THESE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TRYSK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.TRYSK MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) TRYSK WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRYSK WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TRYSK MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRYSK WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FROM TIME TO TIME, TRYSK MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TRYSK'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
b. Professional Advice Disclaimer. TRYSK OFFERS PRODUCTS THAT ARE DESIGNED FOR WELLNESS AND FITNESS PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USING OUR PRODUCTS. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE, APPLICATION OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. TRYSK IS CONTINUALLY UNDER DEVELOPMENT AND TRYSK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE WEBSITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE TRYSK WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
c. Medical Disclaimer. BY USING TRYSK SERVICES OR PURCHASING PRODUCTS OFFERED BY TRYSK, YOU AFFIRM THAT EITHER YOUR PHYSICIAN HAS APPROVED YOUR USE OF THE SERVICES AND PRODUCTS OR THAT ALL OF THE FOLLOWING STATEMENTS ARE TRUE: (I) YOU ARE NOT CURRENTLY EXPERIENCING ABNORMAL SENSATIONS SUCH AS NUMBNESS; (II) YOU HAVE NOT SUFFERED A RECENT INJURY, SURGERY, OR TRAUMA; AND (III) YOU ARE NOT SUFFERING FROM MUSCLE ATROPHY OR ANY OTHER INJURY THAT WOULD BE EXACERBATED BY EXPOSURE TO LOW LEVELS OF ELECTRICITY. YOU ALSO AGREE THAT YOU WILL NOT USE OUR PRODUCTS ALTOGETHER IF: (i) YOU HAVE USED OR ARE USING ANY CARDIAC STIMULATOR, IMPLANTED DEFIBRILLATOR OR OTHER IMPLANTED METALLIC OR ELECTRONIC DEVICE; (ii) HAVE HAD OR DO HAVE EPILEPSY OR A HISTORY OF SEIZURES, OR ANY SENSORY OR MENTAL IMPAIRMENT PREVENTING COMMUNICATION OR SENSATION OF STIMULATON INTENSITY; OR (iii) YOU HAVE HAD OR DO HAVE ANY HEART PROBLEM OR CONDITION. MOREOVER, YOU ACKNOWLEDGE AND AFFIRM THAT OUR PRODUCTS SHOULD NOT BE USED OVER SWOLLEN OR INFLAMED AREAS, SKIN ERUPTIONS OR OTHER WOUNDS, UNCONTROLLED HEMOPRRHAGE, INFECTIONS, OR TUMOR SITES.
d. Electrical Product Acknowledgement and Disclaimer. YOU HEREBY ACKNOWLEDGE AND AGREE TO NEVER ATTACH OUR PRODUCT: (i) NEAR OR TO YOUR HEAD; (ii) ON THE FRONT AND SIDES OF THE NECK; (iii) ACROSS YOUR CHEST; (iv) TO THE FRONT OF YOUR TORSO AND THE BACK OF YOUR TORSO; (v) OVER PAINFUL AREAS; (vi) OR TO ANY OTHER PART OF YOUR BODY THAT IS NOT SUITED FOR LOW LEVELS OF ELECTRICITY. IF YOU HAVE PAINFUL AREAS, YOU SHOULD CONSULT WITH YOUR PHYSICIAN BEFORE USING THIS DEVICE.
e. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TRYSK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TRYSK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
f. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND THAT TRYSK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR SERVICES.
19. Term and Termination.
a. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use any Trysk products or Services, unless terminated earlier in accordance with the Agreement.
b. We may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.
c. At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Service to you or generally.
d. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information and Intellectual Property associated with or inside your Account (or any part thereof), including your Intellectual Property, other than information and Intellectual Property necessary to comply with legal obligations. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Trysk will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
20. Separate Agreement. From time to time, we may enter into separate agreements to govern your use of the Services. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Services.
21. Notices. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site, Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number, SMS or text message or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. If we choose to notify you through electronic communication, you agree to receive such communications, including but not limited to our applicable policies, statements, reports, invoices, receipts, disclosures, legal or regulatory statements or documents via electronic delivery.
22. Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.
Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration. The location of the arbitration will be determined by Trysk to be in either (i) Seattle, WA or (ii) the county and state of Trysk’s chosen legal counsel at the time of the dispute. The arbitration will be administered by the Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures. Disputes will not be resolved in any other forum or venue. you agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of JAMS, the arbitration award will not include factual findings or conclusions of law, and no punitive damages will be awarded. Notwithstanding any other rules, no arbitration proceeding brought against Trysk will be consolidated with any other arbitration proceeding without Trysk’s written consent. Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which Trysk maintains its principal office at the time the award is rendered, or in any other court having jurisdiction. The arbitrator will, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.
NOTICE: BOTH YOU AND TRYSK ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS AGREEMENT, BOTH YOU AND TRYSK ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. BOTH YOU AND TRYSK CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
23. Governing law. This Agreement shall be governed pursuant to the laws of the State of Washington, USA, without regard to principles of conflict of laws. you agree that Trysk may initiate a proceeding related to the enforcement or validity of Trysk’s intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the federal or state courts located in Washington. you waive any objection to venue and to submit to personal jurisdiction in any such courts.
24. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
25. Entire Agreement. This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies on this website, constitutes the entire agreement between you and the Company with respect to the use of the Services.
26. Amendment and Waiver. The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
27. Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
28. Inurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
29. Assignment. You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void. We may, at its discretion, assign some or all our rights or obligations to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your user data as part of such merger, acquisition, sale, or change of control.
Support. Please direct questions, complaints, or issues to info@stimskin.com.