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User Agreement
Welcome to Trialsize.com’s User Agreement.
This Agreement describes the terms and conditions applicable to your
use of our services at Trialsize.com, Inc. PLEASE READ THE FOLLOWING
USER AGREEMENT AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE
(this "site"). By using this site, you agree to these terms of use.
If you do not agree to these terms, you may not use this site.
Trialsize.com reserves the right, at any time, to modify, alter or
update this User Agreement, and you agree to be bound by such
modifications, alterations, or updates.
Copyright
All site design, text, graphics, interfaces and the selection and arrangements thereof are
© 1999 Trialsize.com, Inc. all rights reserved. Permission is
granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with this site,
including reproduction for the purposes other than those noted
above, modification, distribution, or republication, without prior
written permission of Trialsize.com, Inc. is strictly
prohibited.
Trademarks
All trademarks, service marks and trade names
(collectively the "marks") are proprietary to Trialsize.com, Inc. or
other respective owners that have granted Trialsize.com, Inc. the
right and license to use such marks.
Disclaimer
The information, services,
products and materials contained in this site, including, but not
limited to, text, graphics, and links are provided on an “as is”
basis, with no warranty. To the maximum extent permitted by law,
Trialsize.com, Inc. disclaims all representations and warranties,
express or implied, with respect to such information, services,
products and materials, including but not limited to warranties of
merchantability, fitness for a particular purpose, title,
non-infringement, freedom from computer virus, and implied
warranties arising from course of dealing or course of performance.
In addition,, Trialsize.com, Inc. does not represent or warrant that
the information accessible via this site is accurate, complete or
current.
Limitation on Liability
In no event shall Trialaize.com, Inc. be liable for any direct,
indirect, special, punitive, incidental, exemplary or consequential
damages, or any damages whatsoever, even if Trialsize.com has been
previously advised of the possibility of such damages, whether in an
action under contract, negligence, or any other theory, arising out of
or in connection with the use, inability to use, or performance of
the information, services, products and materials available from this
site. These limitations shall apply notwithstanding to any failure
of essential purpose of any limited remedy. Because some
jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for
consequential or incidental damages, the above limitations may not
apply to you.
Order Acceptance
The receipt of an order
confirmation and or e-mail does not constitute the acceptance of an
order or a confirmation of an offer to sell. Trialsize.com, Inc.
reserves the right, without prior notification, to limit the
order quantity on any item and/or refuse service to any
customer. Verification of information may be required prior to the acceptance of
any order.
Linked To or Other External Sites
The Trialsize.com site may include links to other sites
on the Internet that are owned and operated by third party vendors
and other third parties (the linked to or other external sites). You
acknowledge that Trialsize.com, inc. is not responsible for the
availability of, or the content located on or through any linked to
or external sites. For information, concerns
about content or any other concerns regarding these linked to
or external sites, you should contact the site administrator or Webmaster for
those sites.
Prizes / Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 STATES OF UNITED
STATES OF AMERICA.
Participation constitutes entrant's full and unconditional agreement to and
acceptance of these Official Rules. The Trialsize.com Weekly Contest
begins at 3:00 p.m. MT on Every Monday and ends at 2:59 p.m. on Every
Sunday ("Contest Period"). Contest is sponsored by Trialsize.com, Inc., a Colorado registered
corporation ("Sponsor").
Eligibility: Contest is open only to legal residents of the 50 states of the
United States of America for the duration of the Contest. Employees, officers, and directors
of Sponsor, its parent companies, affiliates, subsidiaries,
advertising, promotion, and fulfillment agencies, their immediate
family members and persons living in
their same household, are not eligible to participate in the
Sweepstakes. Void where prohibited. All federal, provincial, state, and local laws and
regulations apply.
How to Enter: You
may enter Contests by answering questions or completely
filling out the online entry form in its entirety and click on the
"Enter to Win" button. Only one entry per person or e-mail address
per day is permitted. All entries become the exclusive property of
Sponsor and will not be acknowledged or returned.
Prizes: Selected winners will
receive a variety of weekly prizes announced on the Trialsize.com
web site each week. Winners should allow 6-8 weeks for shipment of
prize. No alternative prize, cash, or other substitution is
permitted except at Sponsor’s discretion.
Prize is nontransferable. Prizes are subject to change without notification.
All federal, state, provincial, and/or local taxes are the sole responsibility of
the winner.
Selection of Winner: Winner will be determined by random drawing from
all eligible entries received, to be held after the end of the
Sweepstakes Period at Trialsize.com, Inc. offices. All decisions are
final and binding. Odds of winning will be determined by the number
of eligible entries received; based upon the anticipated number of
online and handwritten entries, odds of winning are approximately 1
out of 300,000. Winner will be notified by mail, e-mail and/or
telephone within 15 days of the drawing. Winner will have 10 days
from notification to accept the prize by e-mail to winners@trialsize.com
or by U.S. mail. Sponsor is not responsible for and
shall not be liable for late, lost, misdirected, or unsuccessful efforts to
notify winner.
Winner may be required to sign and return a
release of liability, declaration of eligibility, and where lawful,
a publicity consent agreement, all within 10 days of acknowledged
notification. If winner is not of age of majority in state of
residence, prize may be awarded in name of parent or guardian and
parent or guardian may be required to sign such release, declaration
and agreement. By accepting and/or using prize, Winner agrees to the
use of his/her name, voice and/or likeness for the purpose of
advertising, trade, or promotion without further compensation,
unless prohibited by law. If a selected winner cannot be contacted,
is ineligible, fails to claim a prize, or fails to timely return the
completed and executed declaration and releases as required, prize
may be forfeited and an alternate winner selected. In the event
of a dispute regarding who submitted an online entry, the
entry will be deemed submitted by the authorized account holder of the
e-mail account.
General Terms and Conditions:
By entering, each participant agrees to be bound by these
Official Rules and the decisions of Sponsor, which shall be final.
Sponsor, agents and representatives of Sponsor, its parent
companies, affiliates, subsidiaries, advertising, promotion, and
fulfillment agencies, and legal advisors are not responsible for and
shall not be liable for: (i) late, lost, delayed, damaged,
misdirected, incomplete, illegible, unintelligible, or postage-due
entries; (ii) telephone, electronic, hardware or software program,
network, Internet, or computer malfunctions, failures, or
difficulties of any kind; (iii) failed, incomplete, garbled, or
delayed computer transmissions; (iv) any condition caused by events
beyond the control of the Sponsor that may cause the Contest to be
disrupted or corrupted; (v) any injuries, losses, or damages of any
kind arising in connection with or as a result of the prize, or
acceptance, possession, or use of the prize, or from participation
in the Contest; or (vi) any printing or typographical errors in any
materials associated with the Contest. Sponsor reserves the right,
in its sole discretion, to suspend or
cancel Contest at any time if a computer virus, bug,
or other technical problem corrupts the administration, security, or proper play of
the Contest.
By participating in the Contest, each
participant agrees to release and hold Sponsor and the employees,
officers, directors, shareholders, agents, representatives of Sponsor,
its parent companies, affiliates, subsidiaries, advertising, promotion,
and fulfillment agencies, and legal advisors, harmless from any and
all losses, damages, rights, claims and actions of any kind in connection
with the Contest or resulting from acceptance, possession, or use
of any prize, including without limitation, personal injury, death,
and property damage, and claims based on publicity rights, defamation,
or invasion of privacy. Winners List and Official Rules: A winners
list will be posted on this web site at the conclusion of the Contest.
To obtain a copy of the winner’s list or a copy of these Official
Rules, send your e-mail request to: info@trialsize.com.
Please write "Contest Winners" in the subject matter on e-mail form.
Requests must be received no later than two weeks past each contest
finish date. |
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