READ CAREFULLY – YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS.
Be sure to thoroughly read this Terms of Service Agreement ("Terms of Service"), as it covers the terms and conditions that apply to your use of our website (the "Site"). TRI HoldCo, Inc. reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Service at any time. It is your responsibility to check this Terms of Service each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to be bound by such modifications to the Terms of Service.
General Terms and Conditions
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, TRI HoldCo, Inc. has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
You acknowledge and agree that you must: (a) provide for your own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the Internet, including a computer and modem or other access device.
By using the Sites, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, TRI HOLDCO, INC. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NONINFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER TRI HOLDCO, INC. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TRI HOLDCO, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
TRI HoldCo, Inc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Site, and is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. You may not download, publish, transmit, reproduce, and/or save a copy of any information from the Site, including but not limited to photographs, text, graphics, or screens, except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. TRI HoldCo, Inc. does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
To notify us of a copyright infringement, write to us at:
TRI HoldCo, Inc.
600 Coolidge Drive, Suite 300
Folsom, CA 95630
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
TRI HoldCo, Inc. reserves the right to change any information on this Website including but not limited to revising and/or TRI HoldCo, Inc. assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to our websites” below.) The content presented at the Site may vary depending upon your browser limitations.
User Conduct on the Site
While using the Site, you may not:
TRI HoldCo, Inc. has no obligation to monitor the Site. However, you acknowledge and agree that TRI HoldCo, Inc. has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. TRI HoldCo, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. TRI HoldCo, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e–mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, TRI HoldCo, Inc. is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that TRI HoldCo, Inc. may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that TRI HoldCo, Inc. in its sole discretion believes violate any of the Terms of Service, violate the rights of TRI HoldCo, Inc., or is otherwise inappropriate for continued access.
You acknowledge and agree that TRI HoldCo, Inc. may in its sole discretion deny you access through TRI HoldCo, Inc. to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through TRI HoldCo, Inc., and TRI HoldCo, Inc. shall have no responsibility to notify any third–party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold TRI HoldCo, Inc. and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Links from and to this Website
You acknowledge and agree that TRI HoldCo, Inc. and any of its co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by TRI HoldCo, Inc. or its co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to TRI HoldCo, Inc.'s Site comes from a variety of sources. Some of this information comes from official TRI HoldCo, Inc. licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to TRI HoldCo, Inc. TRI HoldCo, Inc. does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that TRI HoldCo, Inc. and its co-branding providers 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 use of or reliance on any such content, goods or services available on such external sites or resources.
TRI HoldCo, Inc. is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree not to hold TRI HoldCo, Inc. liable for any loss or damage of any sort incurred as a result of any such dealings through the Site. You agree that all information you provide through the Site for purposes of making purchases will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
The Terms of Service and the relationship between you and TRI HoldCo, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of the federal or state courts located in Sacramento, California, United States of America, over any suit, action or proceeding arising out of these Terms of Service.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
The failure of TRI HoldCo, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Last updated January 2022