TERMS OF SERVICE
Last Modified: 6/21/2024
THESE TERMS OF SERVICE, ALONG WITH ALL OTHER POLICIES, AGREEMENTS, DISCLAIMERS, AND DISCLOSURES INCORPORATED HEREIN BY REFERENCE OR OTHERWISE DISPLAYED ON THE SITE (COLLECTIVELY, THE “TERMS”), SETS FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TRILOGY AC, A TEXAS CORPORATION (“COMPANY”, “WE” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITES OWNED AND OPERATED BY COMPANY THAT LINK TO THESE TERMS, INCLUDING THE WEBSITE LOCATED AT TRILOGYAC.COM (THE “SITE”), AS WELL AS THE FEATURES AND SERVICES MADE AVAILABLE OR ENABLED VIA THE SITE (COLLECTIVELY, THE “SERVICES”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE (SECTION 18) AND CLASS ACTION WAIVER (SECTION 19) THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. PLEASE READ THESE SECTIONS CAREFULLY.
ACCEPTANCE OF TERMS
By accessing or using the Services, or by clicking on the “I accept” button when this option is made available to you and/or accessing the Site, you agree to follow and be bound by these Terms, without limitation or qualification, and to abide by all applicable laws with regard to your access to and use of the Services. In addition to the terms and provisions set forth herein, your ability to access and display certain content that is made available through the Services from time to time may require you to accept additional terms and conditions as applicable to such content (the “Additional Terms”). When access or using any of the Services, you shall be subject to any rules or policies applicable to such access and use that may be posted or made available to you on or through any of the Services, including our Privacy Policy (collectively, the “Company Policies”). The Additional Terms and Company Policies are incorporated into and made a part of these Terms in full by this reference.
AGE REQUIREMENTS & ACCESSIBILITY
You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Services. Individuals under the age of majority are not eligible to use the Services and may not submit any personal information to us. By accepting these Terms or accessing or using the Services, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms. If you have difficulty using or accessing any of the Services or would like to share any feedback regarding accessibility of the Services, please contact us at info@trilogyac.com.
CHANGES TO THESE TERMS
We will email you or post a notification on the Services in the event of any material changes to these Terms. Such changes shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Services. Please check these Terms periodically for changes. Your continued use of the Services following our posting of any changes to these Terms means that you accept those changes.
PRIVACY POLICY
When you access the Services you provide us with different types of information. Please read our Privacy Policy, which explains how we collect, use and share information through the Services, including the use of third-party services to collect information to monitor the Services’ performance, as well as your choices regarding these activities. The Privacy Policy applies to use of the Services, and its provisions are incorporated into these Terms.
LICENSE GRANT
Subject to these Terms and your compliance with these Terms, we grant to you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, terminable and revocable license to access and use the Services, including the text, graphics, data, information, and other content made available or enabled via the Services (collectively, “Company Content”), including any Company Content obtained by or through widgets, RSS feeds, APIs, or other similar means. The Company Content may be accessed and displayed for personal, educational, news reporting, or other policy purposes, provided that such copies display all copyright and other applicable notices to the extent such notices are contained in such Company Content and provided further that you do not use the Company Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to Company. You must also provide proper attribution to Company or the applicable third parties in connection with your use of Company Content. You do not have any rights beyond those granted to you herein. Company reserves all rights not expressly granted to you herein.
RESTRICTIONS ON USE
You may access the Services and all associated content solely for your personal use and enjoyment. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to use any device, software, or routine to interfere with the proper functioning of the Services. In using the Services, you may not:
– Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
– Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
– Transmit or solicit any content, information, software, or other material that violates or infringes upon the rights of others, without first obtaining permission from the owner or right holder;
– Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component;
– Use any software, tool, data, device, or mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us, or violate any security features;
– Frame or utilize framing techniques to enclose any aspect of the Services, including any trademark, logo, or other proprietary information (including Company Content and its layout and/or form, including its distinctive “look and feel”) without our express, prior written consent; or
– Use any metatags or “hidden text” utilizing our name or trademarks without our written consent.
USER COVENANTS
By accessing or using the Services, you agree to, acknowledge, and represent that:
(i) you understand that the content provided via the Services is intended for informational purposes only,
(ii) you will comply with all laws in using the Services, including any third-party services made available to you via the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place Company in violation of any law, and
(iii) you have the authority and capacity, under the laws of the jurisdiction in which you reside, to make the representations and be bound by the covenants herein.
COPYRIGHTS, TRADEMARKS & PROPRIETARY RIGHTS
When accessing the Services, you agree to comply with all applicable laws and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violation of applicable law and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us. As between you and Company, all content and other information that is displayed or otherwise made available by or through the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by Company or our licensors (as applicable) and is subject to protection by patent, copyright, trademark, or other proprietary rights. Any feedback you provide to use relating to the Services, or the features provided on the Services, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Marks”) appearing on the Services are the property of their respective owners, including, in some instances, us and/or our partners. Nothing contained herein grants you, by implication or otherwise, a license or right to use any of the Marks or copyrights owned by us or by any third party. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Services without express written permission from us and, if applicable, the respective copyright owner.
MONITORING & COPYRIGHT COMPLAINTS
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Services. Notwithstanding this right, we do not and cannot review all materials submitted to the Services. If notified, we may investigate a claim that content transmitted to us is in violation of the Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Services, including any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please notify us at the contact information provided below.