TERMS OF USE
This web site (“the Site”) is owned and
maintained by Trivergance LLC (“Trivergance”). By accessing or using
this Site, you agree to be bound by these Terms of Use. If you do
not agree with these Terms of Use and do not wish to be bound by
them, please exit the Site and do not use the Site in the future.
Trivergance may amend these Terms of Use at any time by posting the
amended terms here. Your continued use of the Site following the
posting of any changes signifies your acceptance of those changes.
INTELLECTUAL PROPERTY
All Site materials, including, without limitation,
text, graphics and other files, and the selection and arrangement
thereof, are the exclusive property of Trivergance or its content
suppliers, and are protected by United States and international
copyright laws. You may display, copy, distribute, and download the
materials on our Site for personal, noncommercial use only, provided
you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. You may
not, however, distribute, copy, reproduce, display, republish,
download, or transmit any material on this Site for commercial use
without prior written approval of Trivergance. All Site
content is Copyright ©2007 Trivergance LLC.
The trademarks, service marks, trade names, and
logos (collectively, the "Trademarks") used and displayed on our
Site are registered and unregistered trademarks of Trivergance, and
may not be copied, imitated or used, in whole or in part, in
connection with any product or service that is not authorized by
Trivergance, in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits
Trivergance. The Trademarks used and displayed on the Site are
and shall remain the sole property of Trivergance. Nothing in
these Terms of Use shall be construed as granting, by implication,
estoppel or otherwise, any license, ownership right, or right to use
any Trademarks used or displayed on the Site. The misuse of
the Trademarks displayed on this Site, or any other content on the
Site, is strictly prohibited.
Any materials that you may submit to Trivergance
through the Site shall be the sole and exclusive property of
Trivergance. Do not submit any material through the Site that
you wish to remain proprietary or confidential to you.
DISCLAIMER OF WARRANTIES
THE SITE, AND ANY MATERIALS CONTAINED ON THE SITE,
ARE MADE AVAILABLE STRICTLY ON AN “AS IS” BASIS. TRIVERGANCE
SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL WARRANTIES OF ANY
KIND TO YOU AND OTHER THIRD PARTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY AND ALL
WARRANTIES OF PERFORMANCE, ANY AND ALL WARRANTIES OF FREEDOM FROM
ERRORS OR DEFECTS, ANY AND ALL WARRANTIES OF NON-INFRINGEMENT, AND
ANY AND ALL WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A
COURSE OF DEALING OR TRADE USAGE. TRIVERGANCE MAKES NO
REPRESENTATION OR WARRANTY AS TO THE TIMELINESS, SECURITY, ACCURACY
OR COMPLETENESS OF THE SITE OR ANY INFORMATION OR MATERIALS
CONTAINED IN OR ACCESSED BY THE SITE. TRIVERGANCE DOES NOT
GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM
THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR
DESTRUCTIVE PROPERTIES. TRIVERGANCE DOES NOT WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE
SITE WILL BE CORRECTED.
LINKS TO THIRD PARTY SITES
The Site may provide links to sites owned and
operated by third parties. Links to such third party sites are
provided for your convenience only, and should not be construed as
an endorsement of any site, company, product or service by
Trivergance. Any opinions or recommendations expressed in third
party sites are not the opinions or recommendations of Trivergance.
Trivergance has not reviewed any of the sites linked to this Site,
and is not responsible for the content of off-site pages or any
other site linked to or linking to this Site. Your use of any
off-site pages or other sites is at your own risk.
LIMITATION OF LIABILITY
TRIVERGANCE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE
RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT.
IN NO EVENT WILL TRIVERGANCE BE LIABLE FOR ANY LOST PROFITS, LOST
SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS
(WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR
RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY
TO USE THE SITE, EVEN IF TRIVERGANCE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE.
IF ANY WARRANTY DISCLAIMER OR LIMITATION ON
LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TRIVERGANCE UPON ANY
CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF
THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND
DOLLARS ($1,000.00).
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