PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use ("Terms")

Effective Date: 5/17/2018

Welcome to Trim, an online service owned and operated by Ask Benjamin Inc. (“Trim,” “we” and “us). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at help@asktrim.com or via mail at 2055 Market St., San Francisco, CA 94114.

These Terms of Use (the “Terms”) are a binding contract between you and Trim. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the asktrim.com website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Trim takes the privacy of its users very seriously. For the current Trim Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at security@asktrim.com.

What are the basics of using Trim?

You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Rights you grant us

During the registration process, you will be asked to enter your user credentials for your online accounts, such as your bank, credit card issuer, insurance carrier, or cable provider (“User Credentials”). Your credentials are used to provide us access to review financial transaction information or other account information for your accounts with these third party providers (each, a “Third Party Provider” and such account information your “Account Information”). You can read more about how we use and store your information in our Privacy Policy and Data Security Policy. You hereby authorize and permit us to use the User Credentials submitted by you to perform the Services.

We use your User Credentials to review your Account Information and perform various services on your behalf. For example, we use your Account Information to identify recurring payments, cancel unwanted subscriptions, and negotiate discounts on your bills on your behalf. You expressly authorize us to access, view and use, on your behalf as your agent, your Account Information. You grant us a limited power of attorney, and appoint us as your agent and attorney in-fact, to access, review and use your Account Information with full power and authority, but only to act for and on your behalf with Third Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING YOUR USER CREDENTIALS AND ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. You understand and agree that Trim is not sponsored or endorsed by any third parties accessible through the Services.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Trim);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Trim account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Trim?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Trim’s) rights.

You understand that Trim owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Company or to other users?

In the course of using the Services, you and other users may provide information (other than Financial Credentials and Transaction Information), such as posts and comments on our website, which may be used by us in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Submissions”), you hereby grant Trim a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use such User Submissions (including all related intellectual property rights) in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This is a license only – your ownership in User Submissions is not affected.

You also agree that if your User Submissions contains any feedback, ideas, concepts, or techniques, we can use the User Submissions and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing services. Please note that the foregoing licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Trim, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Trim. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Trim is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Trim has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Trim will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Trim shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Trim is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Trim, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Will Trim ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Trim cost anything?

It is free to sign up for Trim. We will charge you a percentage of what we save you on certain transactions, for example, if we negotiate your bill. Please see our payments page for a description of how we calculate the amount of money we receive from you on these transactions. We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

What if I want to stop using Trim?

You’re free to do that at any time, by contacting us at help@asktrim.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Trim is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Trim has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Neither Trim nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY TRIM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TRIM (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold Trim, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Trim’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Trim agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Trim, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Trim, and you do not have any authority of any kind to bind Trim in any respect whatsoever. You and Trim agree there are no third party beneficiaries intended under these Terms.

Previous Terms of Service ("Terms")

Last updated: 6/14/2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the asktrim.com website (the "Service") operated by Ask Benjamin Inc. ("us", "we", "our", or the “Company”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

In addition, you acknowledge and agree that this Agreement is between you and the Company, not with any third party (including, but not limited to, any banking institution, mobile carrier, or telecoms provider), and that the Company is solely responsible for the Services we provide. Your use of the these Services may be subject to separate agreements you may enter into with other third party service providers that we may use to facilitate in the delivery of the Services. These third parties include, but are not limited to: Plaid , Twilio , Facebook ,

Before you continue, you should print or save a local copy of this Agreement for your records.

Accounts

The Services provided by the Company allow you to view and analyze financial data, view and analyze monthly payments, cancel payments, make payments to and accept payments from third parties, contest overdraft fees, contest late fees, negotiate bills, make certain requests to customer service departments, and access certain other financial data, content, and analysis. You may use the Services on your mobile device or through a web browser. By using the Services, you agree that you authorize us to cancel subscriptions, contest fees, negotiate bills, request refunds, file price protection claims, and perform other actions on your behalf when instructed by you.

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

When you opt-in to the service, you may receive an SMS message to confirm your signup. You can discontinue text messages from the service at any time. Just text "STOP" to 28060. Normal messaging rates apply. After you send the message "STOP" to us, you will receive a reply message to confirm that you have been unsubscribed from text message notifications. After this, you will no longer receive messages from us. If you want to resume notifications via text message, you can text "START" to 28060. If at any time you forget what keywords are supported through the SMS interface with the Service, you can text "HELP" to 28060. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to discontinue text message notifications.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

 

A user can delete her or his account at any time. Deleting your account will discontinue your access to the service. Where legally permitted, we may retain user transaction data for up to five years following the deletion of an account. This data may be used anonymously for the purposes of analytics, spending comparisons, research, and other parts of the service that utilize aggregate transaction data.

 

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Authorization to Receive Messages

By signing up for the Service, you authorize us to send messages to you via SMS or Facebook Messenger. These messages will be sent to all devices that are able to receive messages to your enrolled phone number, and/or all devices that are are logged in to your Facebook Messenger account.

 

These messages may include: information about purchase activity on connected accounts; other financial data, such as account balances; information about account activity; updates and other content from the Company; and commercial solicitations from the Company and its third-party partners.

Turning Off Messages and Push Notifications

You can disable messages at any time by replying "Stop." You can also adjust the frequency and type of messages by going to your Settings page on your user dashboard.

 

If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Normal messaging rates apply.

Authorizing Trim to Access Your Account

By signing up for Trim, you authorize Trim to access your connected account(s) on an ongoing basis and download relevant information in order to provide the Service. To withdraw this authorization, you may cancel and delete your account at any time from your Settings page and/or emailing us at help@asktrim.com.

   

Mobile Data - Payment Cancellation

The Company reviews certain transactions on the accounts with financial institutions that you connect to your user account in order see if there are continued subscriptions that you may be unaware of. The Company will then notify you of the subscriptions either through your mobile phone via SMS or mobile data plan and ask if you would like to terminate the subscription. Upon your confirmation that you would like to cancel the subscription the Company will attempt to cancel the subscription. The Company will attempt to provide notice to you by email and/or text message that the cancellation request has been submitted to the biller. Continued use of the service will result in the Company providing additional information in a similar manner.

 

Security

It is your sole responsibility to ensure that your devices, and the confidential information that they may contain, are kept secure. Messages sent to you by the Company may contain personally identifiable, sensitive, and confidential financial information. It is up to you, the user, to ensure that this information is kept safe after it is transmitted to your phone, for example by enabling a passcode lock on your phone. Please do not allow any unauthorized access to your phone or personal information.

 

Refund Policy

We want to make sure you are 100% happy with your purchase. All requests for a refund must be made within 30 days of payment. Please contact us at help@asktrim.com. Today, we do not charge users on a subscription basis. However, we may do so in the future. When and if we do so, you will be able to easily cancel your subscription at any time. There will be no cancellation fees, though no refunds will be provided for prorated periods.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Bank Transfers

The Company may take payment from you in return for specific Services provided or execute transactions on your behalf by transferring money from your bank account. For these transactions, the Company may make electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account in the amount you specify. You agree that such requests constitute your authorization to the Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and the Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules (collectively, the "ACH Rules"), or applicable law.

 

Debit Card Processing

The Company will process your debit card-funded transactions through either the debit card's ATM debit network or the Visa/MasterCard network, as the Company may elect at its discretion.

 

Credit Card Information

If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.

 

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Release of the Company

If you have a dispute with one or more third parties relating to payment, we are not responsible for any such dispute and you hereby release the Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

 

You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any information through the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse the Company, a user, or a third party for any and all such liability.

 

You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

You acknowledge that you hold the Company harmless for any errors made during the provision of the Services. These errors may include, but are not limited to: not cancelling a subscription as requested, or not executing a cancellation in a timely manner; not succeeding in negotiating a bill; not fending off or alerting the user to cross-sells and up-sells by billers; not succeeding in filing a price protection claim; or not providing accurate or timely financial information. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may cancel your account at any time from within your user dashboard.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Third Party Websites

The Company’s website may feature third party offers and enable product searches. The Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content provided by a third party on the Company’s website is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor. In some cases the Company may be compensated for providing this information and/or providing specific recommendations for products and services.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at the information provided below in the "Contact Us" section.

 

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy at www.asktrim.com/privacy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

Notices

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

You agree that the Company may provide notice to you by posting it on our website (including but not limited to our Privacy Policy ,

 

If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Restricted Activities

In connection with your use of our website, your account, the Services, or in the course of your interactions with the Company, a user or a third party, you will not:

  • breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with the Company (including a policy);
  • violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  • infringe the Company's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • provide false, inaccurate or misleading Personal Information;
  • send or receive what we reasonably believe to be potentially fraudulent funds;
  • refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
  • use an anonymizing proxy;
  • control an account that is linked to another account that has engaged in any of these restricted activities;
  • control or possess more than one account without authorization from the Company;
  • conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to the Company, a user, a third party or you;
  • use your account or the services in a manner that the Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
  • send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  • use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  • use any device, software or routine to bypass or attempt to interfere, with our website or the services;
  • take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  • use the Service to test credit card behaviors.

 

Contact Us

If you have any questions about these Terms, please contact us at help@asktrim.com.