Terms of Service
Welcome to TrySome, where changing the world never tasted so good.
TrySome (“TrySome,” “we,” “us,” “our”) provides its services (described below) to you through this website, located at www.gotrysome.com (the “Site”). The site, and all of its associated awesomeness, is subject to the following Terms of the Site (the “Terms”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. In the case of any changes, we will make sure to inform you via email and/or via a pop up window that you can see when you log into your TrySome account. If we change the Terms, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please refrain from using the Site.
Access and Use of the Site
The Site is designed to allow users simply to buy individual products or to sign up for a membership and benefit from discounts and free products, receive newsletters with information and find information and resources about a healthy and sustainable lifestyle.
It is your responsibility to review the ingredients of each product that you purchase to avoid allergic reactions or other side effects. The products on our website are not manufactured by TrySome, but rather by our suppliers. If you have any questions or complaints about a product, please contact us at support (at) gotrysome.com. For information on returns and refunds please see our Frequently Asked Questions.
The contents of each newsletter will vary, and we make no guarantees regarding the content of newsletters. The products featured in newsletters are not manufactured by TrySome, but rather by our suppliers. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. If you have any questions or complaints about a product, please contact us at support (at) gotrysome.com. Do keep in mind that we try to please all our valued members, if you think we could do better please let us know.
Your Registration Obligations:
You may be required to register with TrySome in order to access and use certain features of the Site. If you choose to register for the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TrySome of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TrySome will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Site:
TrySome reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that TrySome will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that TrySome may establish general practices and limits concerning use of the Site. You acknowledge that TrySome reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TrySome reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
The following are examples of the kind of content and/or use that is illegal or prohibited by TrySome. TrySome reserves the right to investigate and take appropriate legal action against anyone who, in TrySome’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Site to:
- post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of TrySome, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TrySome or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Site or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is for your personal use and may not be used for direct commercial endeavors.
To the extent you wish to make a purchase using the Site (for example, to purchase individual products or through a membership), you will be required to provide TrySome information regarding your credit card. You represent and warrant to TrySome that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term. You agree to pay TrySome the amount that is specified on the Site in accordance with these terms. If you have subscribed to a membership, you hereby authorize TrySome to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, our membership subscriptions operate on an auto-renewal basis such that your credit card or other payment instrument will be assessed a monthly fee after the conclusion of your initial subscription package. All payments made are non-refundable. If you dispute any charges you must let TrySome know within thirty (1) day after the date that TrySome charges you. If you have paid for a product but did not receive it, please contact us at support (at) gotrysome.com.
We reserve the right to change our product prices. If we do make a change, we’ll provide notice of the change on the Site or in email to you at least 1 day before the change is to take effect. Your continued use of the Site after the price change becomes effective constitutes your agreement to pay the changed amount.
You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Site, including any district taxes in your jurisdiction.
Intellectual Property Rights
Site Content, Software and Trademarks:
You acknowledge and agree that the Site may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TrySome, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith is the property of TrySome, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TrySome.
The TrySome name and logo are trademarks and service marks of TrySome (collectively the “TrySome Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TrySome. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TrySome Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of TrySome Trademarks will inure to our exclusive benefit.
User Content Posted on the Site:
You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products) or other information about the Site (“Submissions”), provided by you to TrySome are non-confidential and TrySome will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that TrySome may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TrySome, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Site may provide links or other access to other sites and resources on the Internet. We have no control over such sites and resources and TrySome is not responsible for and does not endorse such sites and resources. TrySome doesn’t run the internet, as much as we like to think that we’re that powerful.
You further acknowledge and agree that TrySome will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that TrySome is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold TrySome and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, the products you buy from the Site, any User Content, your connection to the Site, your violation of these Terms or your violation of any rights of another. If you are a California resident, you 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRYSOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRYSOME MAKES NO WARRANTY THAT (I) THE SITE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRYSOME WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRYSOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL TRYSOME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRYSOME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree that TrySome, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if TrySome believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. TrySome may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms may be effected without prior notice, and acknowledge and agree that TrySome may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that TrySome will not be liable to you or any third-party for any termination of your access to the Site.
You agree that you are solely responsible for your interactions with any other user in connection with the Site and TrySome will have no liability or responsibility with respect thereto. TrySome reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
These Terms constitute the entire agreement between you and TrySome and govern your use of the Site. The failure of TrySome to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.