Trinitalian Enterprises LLC
WEB SITE TERMS OF USE AGREEMENT
Welcome to TrinitalianWebServices.com owned by Trinitalian Enterprises LLC, (hereinafter the "COMPANY" or "we").
The goal of TrinitalianWebServices.com is to inform and educate people who are interested in learning more about internet marketing.
TrinitalianWebServices.com is an online resource for news and information on a variety of online marketing subjects.
The information that Trinitalian Enterprises LLC provides on TrinitalianWebServices.com is for educational and entertainment purposes only.
TrinitalianWebServices.com requires that all persons or entities
visiting this Website agree to the following terms and conditions. Please read
our Terms of Use Agreement (the "TOU") carefully before continuing on with your
use of this Website or becoming a Member/Customer of the Website. The Agreement
and/or Terms shall govern the use of the Website and apply to all Internet
traffic visiting the Website. If you do not agree to any of these terms, then do
not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE TrinitalianWebServices.com DOMAIN
NAME, THE "WEBSITE"), YOU ("User," "YOU" OR "YOUR" ) SIGNIFY YOUR ASSENT TO THE
TOU, THE WEBSITE'S PRIVACY POLICY, WHICH IS PUBLISHED AT WWW. .COM AND THE
GOODS/SERVICES YOU OBTAIN FROM THE UTILIZATION OF WEBSITE'S SERVICES AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE
TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE
SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO
THIS AGREEMENT.
A. TrinitalianWebServices.com reserves the right to update the TOU at any time without notice to
User.
B. The right to use TrinitalianWebServices.com is personal to User and is not transferable to
any other person or entity. User is responsible for all use of User's Account
(under any screen name or password) and for ensuring that all use of User's
Account complies fully with the provisions of this Agreement. User shall be
responsible for protecting the confidentiality of User's password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect
or feature of TrinitalianWebServices.com, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the "Terms of
Use" or "Terms of Service" hypertext link located or published at the bottom of our Web pages.
Trinitalian Enterprises LLC shall have the right at any time to change or modify the terms and
conditions applicable to User's use of TrinitalianWebServices.com, or any part thereof, or to
impose new conditions, including, but not limited to, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on TrinitalianWebServices.com, or by electronic or conventional mail, or by
any other means by which User obtains notice thereof. Any use of TrinitalianWebServices.com by
User after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Trinitalian Enterprises LLC provides User with
access to a variety of resources, including download areas, software,
communication forums and product information (collectively "Services").
Protected Materials are all materials or other intellectual property rights, or
which may be construed as proprietary information including, but not limited to,
any and all technical and non-technical information that is valuable to
Trinitalian Enterprises LLC such as subscription programs, audio/visual programs, coaching
programs, tele-seminars, tele-coaching, flip charts, audio/video products,
books, training routines, training processes, course material, literature,
pamphlets, processes, procedures, patents, trademarks, service marks, products,
copyrights, trade secrets, techniques, sketches, drawings, models, invention,
know-how and equipment related to current and contemplated products and
services, inventions, manufacturing, purchasing, accounting, engineering,
marketing, merchandising and sales, to the extent necessary and as may be
reasonably required during the relationship will be considered protected
material. The Services, including any updates, enhancements, new features,
and/or the addition of any new Protected Materials, are subject to the TOU, the
privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of
TrinitalianWebServices.com and all charges related thereto.
5. USER CONDUCT
A. User shall use TrinitalianWebServices.com for lawful purposes only. User shall not post or
transmit through TrinitalianWebServices.com any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without Trinitalian Enterprises LLC's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by User that in
Trinitalian Enterprises LLC's discretion restricts or inhibits any other User from using or
enjoying TrinitalianWebServices.com will not be permitted. User shall not use TrinitalianWebServices.com to
advertise or perform any commercial solicitation, including, but not limited to,
the solicitation of users to become subscribers of other on-line information
services competitive with Trinitalian Enterprises LLC.
B. TrinitalianWebServices.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of TrinitalianWebServices.com are copyrighted
as a collective work under the United States copyright laws. Trinitalian Enterprises LLC owns a
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without the express permission of Trinitalian Enterprises LLC and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on TrinitalianWebServices.com any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission. By submitting material to any
public area of TrinitalianWebServices.com, User automatically grants, or warrants that the owner
of such material has expressly granted Trinitalian Enterprises LLC the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store, or
reproduce the material for that User's personal use. User hereby grants
Trinitalian Enterprises LLC the right to edit, copy, publish and distribute any material made
available on TrinitalianWebServices.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Trinitalian Enterprises LLC, its
subsidiaries, affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on
its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable User to communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, User agrees that when using the Communication
Services, User will not:
" Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
" Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
" Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless User own or control the rights thereto or
have received all necessary consent to do the same.
" Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
" Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
" Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
" Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
" Restrict or inhibit any other user from using and enjoying the Communication
Services.
" Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
" Harvest or otherwise collect information about others, including email
addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading others.
" Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
B. Trinitalian Enterprises LLC has no obligation to monitor the Communication Services. However,
Trinitalian Enterprises LLC reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Trinitalian Enterprises LLC
reserves the right to terminate User's access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever. Trinitalian Enterprises LLC
reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Trinitalian Enterprises LLC sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible for
adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in
any Communication Services. Trinitalian Enterprises LLC does not control or endorse the content,
messages or information found in any Communication Services and, therefore,
Trinitalian Enterprises LLC specifically disclaims any liability with regard to the
Communication Services and any actions resulting from User's participation in
any Communication Services. Managers and hosts are not authorized Trinitalian Enterprises LLC
spokespersons, and their views do not necessarily reflect those of Trinitalian Enterprises LLC.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an
account, User must complete the registration process by providing Trinitalian Enterprises LLC
with current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of User's password and
account. Furthermore, User is entirely responsible for any and all activities
that occur under User's account. User agrees to notify Trinitalian Enterprises LLC immediately
of any unauthorized use of User's account or any other breach of security.
Trinitalian Enterprises LLC will not be liable for any loss that User may incur as a result of
someone else using User's password or account, either with or without User's
knowledge. However, User could be held liable for losses incurred by Trinitalian Enterprises LLC
or another party due to someone else using User's account or password. User may
not use anyone else's account at any time, without the permission of the account
holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services
("Software") is the copyrighted work of Trinitalian Enterprises LLC and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be
fully owned by the User. Users can buy as many licenses as they need for as many
domains that the User owns.
C. The Software is made available for download solely for use or personal use by
end users according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties. The
Software is made available for download solely for use or personal use by end
users according to the License Agreement. Violators will have their licenses
revoked if they do not follow these terms and will be prosecuted to the maximum
extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Trinitalian Enterprises LLC HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, Trinitalian Enterprises LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
Trinitalian Enterprises LLC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Trinitalian Enterprises LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Trinitalian Enterprises LLC AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Trinitalian Enterprises LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Trinitalian Enterprises LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Trinitalian Enterprises LLC OR POSTED AT ANY OF ITS WEBSITES
A. Trinitalian Enterprises LLC does not claim ownership of the materials User provides to
Trinitalian Enterprises LLC (including feedback and suggestions) or post, upload, input or
submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") User's Submission User is
granting Trinitalian Enterprises LLC, its affiliated companies and necessary sublicenses
permission to use User's Submission in connection with the operation of their
Internet businesses (including, without limitation, all Trinitalian Enterprises LLC Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat User's Submission; to publish User's name in connection with User's
Submission; and the right to sublicense such rights to any supplier of the
Services. No compensation will be paid with respect to the use of User's
Submission, as provided herein. Trinitalian Enterprises LLC is under no obligation to post or
use any Submission User may provide and Trinitalian Enterprises LLC may remove any Submission at
any time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to User's Submission as
described in these Terms of Use including, without limitation, all the rights
necessary for User to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrants and represents that (a)
User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of User's
use and as otherwise permitted by these Terms of Use and the Services, (b) User
has the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User's private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use User's Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User's Images without having
User's name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time User completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time User completely remove
such Images. No compensation will be paid with respect to the use of User's
Images.
C. Trinitalian Enterprises LLC is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, Trinitalian Enterprises LLC has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
Users or any other user of TrinitalianWebServices.com, are those of the respective author(s) or
distributor(s) and not of Trinitalian Enterprises LLC. Neither Trinitalian Enterprises LLC nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and
to respect the intellectual property rights of others. Your use of the Services
and the Website is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any information or
Materials in violation of any third party's copyrights, trademarks, or other
intellectual property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property, and you shall be
solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials you provide or
transmit, or that is provided or transmitted using your User ID. The burden of
proving that any Materials do not violate any laws or third party rights rests
solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF TrinitalianWebServices.com IS AT USER'S SOLE RISK. NEITHER
COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TrinitalianWebServices.com WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF TrinitalianWebServices.com, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
TrinitalianWebServices.com.
B. TrinitalianWebServices.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL Trinitalian Enterprises LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING TrinitalianWebServices.com OR THE Trinitalian Enterprises LLC SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE TrinitalianWebServices.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER Trinitalian Enterprises LLC NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN TrinitalianWebServices.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Trinitalian Enterprises LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER Trinitalian Enterprises LLC NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS
OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH
EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM
ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS
LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE
Trinitalian Enterprises LLC'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Trinitalian Enterprises LLC
AND Trinitalian Enterprises LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Trinitalian Enterprises LLC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. Trinitalian Enterprises LLC IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
Trinitalian Enterprises LLC OF THE SITE.
B. Trinitalian Enterprises LLC is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, Trinitalian Enterprises LLC has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
Users or any other user of TrinitalianWebServices.com, are those of the respective author(s) or
distributor(s) and not of Trinitalian Enterprises LLC. Neither Trinitalian Enterprises LLC nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through TrinitalianWebServices.com represents the
opinions and judgments of the respective information provider, User, or other
user not under contract with Trinitalian Enterprises LLC. Trinitalian Enterprises LLC neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on TrinitalianWebServices.com by anyone other than authorized Trinitalian Enterprises LLC employee
spokespersons while acting in their official capacities. Under no circumstances
will Trinitalian Enterprises LLC be liable for any loss or damage caused by a User's reliance on
information obtained through TrinitalianWebServices.com. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through Trinitalian Enterprises LLC. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
Trinitalian Enterprises LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Trinitalian Enterprises LLC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT Trinitalian Enterprises LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Trinitalian Enterprises LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
Trinitalian Enterprises LLC respects your privacy and permits Users
to control the treatment of personal information. A complete statement of
Trinitalian Enterprises LLC current Privacy Policy can be reviewed on our "Privacy Policy" link
located or published at the bottom of our Web pages.
17. MONITORING
Trinitalian Enterprises LLC shall have the right, but not the obligation, to monitor the content
of TrinitalianWebServices.com, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by Trinitalian Enterprises LLC and to satisfy
any law, regulation or authorized government request. Trinitalian Enterprises LLC shall have the
right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on TrinitalianWebServices.com. Without limiting the foregoing,
Trinitalian Enterprises LLC shall have the right to remove any material that Trinitalian Enterprises LLC, in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless Trinitalian Enterprises LLC, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use of
Trinitalian Enterprises LLC by User or User's Account.
19. TERMINATION
Either Trinitalian Enterprises LLC, TrinitalianWebServices.com or User may terminate this Agreement at any time. Without limiting the foregoing, Trinitalian Enterprises LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which Trinitalian Enterprises LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online media
products. If you pay a company other than us for the service, then the charges
and billing terms are as stated by the other company. Even if you do not pay for
the service, you may still incur charges incidental to using the service; for
example, charges for Internet access, mobile text messaging, or other data
transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST BE
AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE
SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR
WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL
YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU
THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY
AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial
period offer. Unless we notify you otherwise, if you are participating in any
trial period offer, you must cancel the service by the end of the trial period
to avoid incurring charges. If you do not cancel your service, and we have
informed you that the service will automatically be converted into a paid
subscription at the end of the trial period, then you authorize us to charge
your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless stated
otherwise. These taxes and charges are your responsibility. Currency exchange
settlements are based on your agreement with your payment method provider. We
may change the price of the service from time to time, but we will tell you
before we do.
E. If there is a specific time length and price for your service offer, then
that price will remain in force for that time. After the offer period ends, your
use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using the
service before the changes take place. If you cancel your service, then your
service ends at the end of your current service time length or, if we bill your
account on a period basis, at the end of the period in which you cancelled.
G. We will provide you with an online billing statement accessible online
through your User Account. This is the only billing statement that we provide.
If you request a paper copy, we may charge you a retrieval fee. We will only
provide paper copies for the past 120 days. If we make an error on your bill, we
will correct it promptly after you tell us and we investigate the charge. You
must tell us within 120 days after an error first appears on your bill. You
release us from all liability and claims of loss resulting from any error that
you do not report to us within 120 days after the error first appears on your
online statement. If you do not tell us within this time, we will not be
required to correct the error. We can correct billing errors at any time.
H. You may cancel the service at any time, with or without cause. Go to
support.trinitalianenterprises.com to obtain information on
cancelling your service. Certain service offers may require cancellation
charges, and you will pay all cancellation charges as specified in the materials
describing the offer. Cancellation of the service by you will not alter your
obligation to pay all charges made to your billing account for which you have
already used the Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, Trinitalian Enterprises LLC
will refund the pro-rated amount based on the number of un-used days of User
Fee. Under no circumstances will the amount of the refund exceed the amount you
paid for Services.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses
and any operating rules for TrinitalianWebServices.com established by Trinitalian Enterprises LLC constitute the
entire agreement of the parties and supersede all previous written or oral
agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including, without
limitation, all disputes, claims or controversies that exist or may arise out
of, under or in connection with this Agreement, first to binding arbitration
located in Polk County, State of Florida in accordance with the Commercial Arbitration
Procedures of the American Arbitration Association. The parties agree that
judgment upon the arbitration award will be final, binding and conclusive upon
each party and may be entered into any court having jurisdiction. In the case of
action under this Section, the prevailing party shall be entitled to recover its
costs of the proceeding, including reasonable attorneys' fees and out of pocket
expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules for
TrinitalianWebServices.com shall be construed in accordance with and governed by the laws of the
United States and the State of Florida, without
reference to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state or federal courts in
Polk County, State of Florida,
United States in all disputes arising out of or related to the use of the
Website or, without reference to their rules regarding conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or
condition in these Terms of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute
a waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party.
25. HEADINGS
The section headings used herein are for convenience only and shall not be given
any legal importance.
26. COPYRIGHT
All
contents of Website or Services are: Copyright © Trinitalian Enterprises LLC. All rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, email address, logo, person, or event is intended or
should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a license
to use any of the trademarks, service marks, logos and the like owned by
Trinitalian Enterprises LLC or by any third party.
29. NOTICES
Any notices to Trinitalian Enterprises LLC shall be given by email to support[at]trinitalianenterprises.com or by
certified mail, return receipt requested to Trinitalian Enterprises LLC, address 11316 Audrain Road 9907, Mexico, MO 65265, USA.
Any notice to Users shall be sent by email to the email address provided by the
User. Email notices to a User shall be deemed delivered twenty-four (24) hours
from the time the email is sent. Notices to Trinitalian Enterprises LLC shall be deemed
delivered five (5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
Trinitalian Enterprises LLC has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website or with the
Services. Trinitalian Enterprises LLC has adopted a policy that provides for the immediate
suspension and/or termination of any Website or Services user who is found to
have infringed on the rights of Trinitalian Enterprises LLC or of a third party, or otherwise
violated any intellectual property laws or regulations. Trinitalian Enterprises LLC'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
Trinitalian Enterprises LLC to delete, edit, or disable the material in question, you must
provide Trinitalian Enterprises LLC 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 Trinitalian Enterprises LLC to
locate the material; (d) information reasonably sufficient to permit Trinitalian Enterprises LLC
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 the Copyright Infringement Unit, support[at]trinitalianenterprises.com
and by certified mail, return receipt requested Trinitalian Enterprises LLC, address 11316 Audrain Road 9907, Mexico, MO 65265, USA.
31. INDEPENDENT PARTIES
You and Trinitalian Enterprises LLC expressly agree that each is an
independent contractor of the other. Neither party is an agent, representative,
broker, employee, partner or joint venturer of the other party. This Agreement
shall not be interpreted or construed to create an association, joint venture,
agency, franchise or partnership between the parties or to impose any
partnership obligation or liability upon either party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
This Terms Of Use Agreement Was Generated Using Software From ProtectYourOnlineAssets.com
It Is Protected Under Copyright. Do Not Copy Or Replicate Without A Valid
Licence.