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Terms of Use

Welcome to www.trinty3.com or www.trinity3technology.com (this “Site”). This Site is owned and operated by Trinity3 Technology to provide information about, among other things, our corporate affairs, products, services, partners and also contact details. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS SITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. TRINITY3 MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of Trinity3 “mirror” any material contained on this Site on any other server. Additional terms and conditions may apply to your use of any products and services offered through this Site. Please review all such terms and conditions before you use any of our products and services.

Ownership

You acknowledge and agree that this Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE CONTENT AND ANY SERVICES OFFERED THROUGH THIS SITE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS SITE, THE CONTENT AND THE SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TRINITY3 DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. TRINITY3 MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE, THE CONTENT, THE SERVICES OFFERED THROUGH THIS SITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE. TRINITY3 DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS SITE OR THE CONTENT OR THE RESULTS OBTAINED FROM USING THIS SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, TRINITY3 IS NOT RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL TRINITY3 OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Trinity3, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of any representations, warranties, covenants or obligations contained in these Terms.

Links to Other Sites

This Site may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we 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 the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

User Information

Trinity3 may collect certain personal information about you. Trinity3’s use of such information is governed by the provisions of the Trinity3’s Privacy Policy for the Trinity3 Site.

General

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Ramsey County, Minnesota and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ramsey, Minnesota, U.S.A. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.

Last Updated June 6, 2014

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