Website Terms and Conditions of Use
Effective Date: 9/27/2023
Last Updated: 9/27/2023
If you access any Site on behalf of a company, organization, or entity, then: (a) the term “you” as used herein includes you and that company, organization, or entity; (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the company, organization, or entity to these Terms; (c) you agree to these Terms on behalf of the company, organization, or entity; and (d) you represent and warrant that the company, organization, or entity agrees to be responsible to us if you violate, or it violates, these Terms.
1. CHANGES TO SITES
We may modify or take down all or part of any Site, terminate these Terms, or limit or refuse access to any Site to any person for any legal reason at our discretion. If we determine that you have breached these Terms, violated any applicable law, rule, or regulation, or undertaken other inappropriate conduct, or if we otherwise determine that it is advisable for any business reason, we reserve the right, in our sole discretion and without limiting other remedies, to immediately suspend or terminate your current or future access to or use of the Sites, with or without notice. We reserve the right to take reasonable steps to ensure the security of the Sites.
2. TRIDENT CONTENT; OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Sites and all information, content, and materials offered on or through the Sites other than User Content (collectively, “Trident Content”), is the property of Trident or its licensors. No right, title or interest in any Trident Content is transferred to you by way of these Terms or otherwise and the Trident Content is protected by copyright, trademark, and/or other intellectual property laws.
The Sites may provide you with access to data, information, and content relating to Trident products, including without limitation product descriptions, values, and other related information, materials, and content (collectively “Product Information”). Such Product Information may contain Trident Content, User Content, or a combination of Trident Content and User Content. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites and the Product Information solely (i) for your personal, non-commercial use or your legitimate business purposes related to your role as a current or prospective customer of Trident; and (ii) in accordance with these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Site or any of the Trident Content without our express prior written consent.
All rights not expressly granted in these Terms are reserved by us.
While we strive to ensure that Trident Content is accurate, complete, and current, Trident Content may occasionally contain errors, inaccuracies, or be out of date. WE MAKE NO REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY TRIDENT CONTENT.
3. GENERAL USER TERMS
You must comply with all laws and regulations that apply to your use of the Sites. You agree that you are solely responsible for your interactions with other users of the Sites, and you agree to treat other users in a courteous and respectful manner. You understand that Trident is not responsible for the conduct of any user, whether on or off of the Sites. Trident does not review and is not responsible for User Content, and does not make any representations or warranties regarding any User Content.
4. USER CONTENT AND LICENSING
Some sections of the Sites allow users to leave reviews of our products, contact us, or otherwise transmit text, images, and other materials (“User Content”) to or through the Sites. When you transmit any User Content to or through a Site, you grant to Trident a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (1) to display your User Content; (2) provide, maintain and improve the Sites and Trident products or services; (3) to prevent or address service, security, support or technical issues; (4) as required by law; and/or (5) as authorized by you.
You represent and warrant that you: (a) own or have obtained all necessary rights and/or licenses to User Content that you transmit; (b) are compliant with all terms and obligations applicable to your use of such User Content; (c) have the right to grant the license granted to us by you with respect to User Content that you transmit; and (d) our use of such User Content as authorized under these Terms will not violate or infringe upon the rights of any person or entity. Trident will not be responsible for any loss, destruction, damage, or alteration of any User Content you transmit or for any disclosure of your User Content caused by any third party.
5. RESTRICTIONS ON USE OF SITES
You are prohibited from using a Site if you are not able to form legally binding contracts in the applicable jurisdiction (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using any Site.
You are also not permitted to do any of the following in connection with your access to or use of any Site:
recording, copying or storing any Product Information in any manner or for any purpose whatsoever, other than for the permitted uses specified in these Terms;
directly or indirectly publishing, transmitting or distributing any Product Information, or any derivative works thereof, in any manner for any form of monetary or other valuable consideration;
using any device, software or routine to interfere or attempt to interfere with the proper working of a Site or any activity being conducted on or through a Site, or accessing data not intended for you or logging onto a server which you are not authorized to access;
access, aggregate or index data or content on any Site through the use of robots, spiders, scrapers, crawlers, data mining tools, or other similar tools, engines, software, agents, devices, or mechanisms without our written permission; provided that we grant public search engine operators permission to use automatic means (such as robots or spiders) to copy content from publicly accessible portions of any Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public; and further provided that we reserve the right to revoke this authorization (generally or specifically) at any time in our sole discretion;
attempting to probe, scan or test the vulnerability of our systems or network or to breach security or authentication measures;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of Trident Content, or any content that is not your own;
violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of any Site; or
violating, infringing, or breaching the rights of Trident or a third party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights.
Trident will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. CONSENT TO COMMUNICATIONS
6.1 How We Use Your Contact Information
We provide contact forms on the Sites (each a “Contact Form”) which enable users to submit communications to us as well as provide reviews about our products. You may voluntarily provide your name, phone number, mailing address, e-mail address, and/or other contact information (collectively, “Contact Information”) at any time by entering such Contact Information into a Contact Form.
6.3 Agreements and Notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail, or on or through a Site, satisfy any legal requirement that such communications or agreements be in writing.
Notwithstanding the foregoing, you understand that your User Content may be transferred without encryption and involve (a) transmissions over networks not owned or controlled by Trident; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. LINKING; THIRD-PARTY WEBSITES; THIRD-PARTY PRODUCTS AND SERVICES
The Sites may contain links to, and information about, products and services provided by third parties (“Third-Party Websites”). Such information and links are provided solely as a convenience to you. Third-Party Websites are not operated by us and are not under our control. We are not responsible for and do not endorse any Third-Party Websites, nor do we make any warranties regarding Third-Party Websites nor the content or materials available on such Third-Party Websites. You are solely responsible for making your own independent judgment regarding your interactions with Third-Party Websites.
Please carefully review each Third-Party Website’s policies and practices and make sure you understand them before you engage in any transaction. We are not liable for any harm or damages related to transactions on or through, or use of, Third-Party Websites. Complaints, claims, concerns, or questions regarding Third-Party Websites or Third-Party Websites should be directed to the applicable provider or administrator of the Third-Party Website.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TRIDENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITES, OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIDENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TRIDENT MAKES NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TRIDENT MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITES WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SITES WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY WILL TRIDENT OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF TRIDENT OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL TRIDENT’S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF EITHER: (I) THE AGGREGATE AMOUNT THAT YOU HAVE PAID TO TRIDENT IN CONNECTION WITH YOUR USE OF THE SITES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM; OR (II) ONE HUNDRED ($100.00) U.S. DOLLARS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Trident (including our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees) harmless from any claim, demand, loss, damages, liability or expense, including reasonable attorneys’ fees due to or arising out of (a) your breach of these Terms (including each of the policies and additional terms referenced and incorporated herein), (b) your violation of any applicable law, or (c) claims by a third party against Trident arising from your violation of the rights of a third party in connection with your access to or use of any Site, including any User Content provided by you.
11.1 Feedback. If you send feedback, comments, ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use and/or exploit such Feedback in any medium and for any purpose. We are under no obligation (A) to maintain any Feedback in confidence; (B) to pay compensation for any Feedback; or (C) to respond to any Feedback.
11.2 Modification; Amendment. We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms by posting updates and/or changes on this page. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Sites or updating the "Last Updated" date at the beginning of these Terms. Your continued use of or access to any Site following the posting of any changes constitutes acceptance of any changes to the Terms.
11.3 Severability. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
11.4 Waiver. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
11.5 Disputes; Governing Law; Forum; Waiver of Jury Trial. In the event of any controversy or dispute between Trident and you arising out of or in connection with your use of the Sites, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may pursue any right or remedy available to them under applicable law. These Terms will be construed in accordance with and all matters relating to your access to or use of the Sites, including all disputes, will be governed exclusively by the laws of the United States and the State of Washington. Trident and you each consent to the exclusive jurisdiction and venue of the state and federal courts in King County, Washington. [GW4] EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
12. CONTACT INFORMATION
Questions about or notices required by these Terms may be sent to us at email@example.com