Terms of Service

This website, located at www.truxxly.com (the “Site”), is operated by Hyper Gains Marketing LLC DBA Truxxly (the “Company,” “we,” “us,” or “our”). By accessing and using the Site, or any services provided through the Site, you agree to abide by these Terms of Use (these “Terms” or this “Agreement”), as they may be amended by the Company from time to time at its sole discretion. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms unacceptable, you must immediately leave and cease all use of the Site. BY ACCESSING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

Account

If and when you are required to open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Company Content

All content on the Site, including without limitation the text, graphics, interactive features, logos, photos, software, data, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site (collectively, the “Company Content”) are the intellectual property of the Company, its licensors, or its suppliers. The Company Content is protected by copyright and other intellectual property rights, and all ownership therein shall remain with the Company, its licensors, or its suppliers, as the case may be. The Company reserves all rights not expressly granted in and to the Site and the Company Content. Except for the limited right to access and use this Site and Service, no right or license is granted to you in or to any Company Content. Without limiting the foregoing, your access to and use of the Company’s proprietary dashboard available through the Site (the “Dashboard”) is also subject to the terms and conditions of the Company’s standard Advertiser Agreement (the “Advertiser Agreement”), and any additional terms and conditions applicable to such access and use of the Dashboard that may be posted or made available to you on or through the Dashboard and/or the Site (collectively, the “Dashboard Terms”). By accessing or using the Dashboard, or by clicking on the “I accept” button when this option is made available to you, you agree to follow and be bound by these Terms and such Dashboard Terms, without limitation or qualification. We will email you or post a notification on the Dashboard in the event of any material changes to the Dashboard Terms. Such changes shall be effective when specified in the relevant notification. Your continued use of the Dashboard following our posting of any changes to the Dashboard Terms means that you accept those changes. All trademarks and logos appearing on the Site are owned by the Company or its licensors, and you may not copy or use them in any manner.

User Content

To the extent applicable, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of the Company, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that you will not be compensated for any User Content. You also agree that the Company may publish or otherwise disclose your name in connection with your User Content.

Compliance with Intellectual Property Laws

When accessing the Site, you agree to comply with all applicable laws and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any User Content does not violate any laws or third-party rights rests solely with you.

Inappropriate Content

You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Hyper Gains Marketing DBA Truxxly,
2654 W Horizon Ridge pkwy ,B5 2079 Henderson, NV, 89052

Email: [email protected]

Alleged Violations

The Company reserves the right to terminate your use of the Site. To ensure that the Company provides a high-quality experience for you and for other users of the Site, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms, furnished the Company with false or misleading information, interfered with use of the Site by others or breached the terms of an Advertiser Agreement, if applicable.

No Warranties

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limited Liability

THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY