We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Trig may terminate your right to and deny you access to this Site, or remove any material you may have added at the Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Trig undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties. Use of this Site is limited to persons over the age of thirteen (13).
This Site is not directed to children under 13 years old. The policy of Trig, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Site without filling out any of the registration, entry, or other forms or otherwise providing any information about yourself. Any access to or use of this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Trig imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Trig in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots”, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Trig or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Site are granted to you under any circumstances and Trig reserves and retains all intellectual property rights in and to the Site and its Contents. Linking or framing to this Site or any of its Contents is prohibited without the prior written permission of Trig.
Except as expressly noted herein, 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, any of the Contents or the Site. Unauthorized use or copying (including electronic copying or downloading) of the Site and Contents without Trig's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, reviews, offers or other information or content made available on this Site or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED ON AN 'AS IS' BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR SITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS SITE. LIKEWISE, TRIG DOES NOT WARRANT THE ACCURACY OF THIRD-PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS SITE, INCLUDING REFERENCE BY ANY LINKS TO THIRD-PARTY WEBSITES. TRIG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE SITE OR SERVICES. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATIONS OR STATEMENTS OF OUR MEMBERS OR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE AND SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES WHATSOEVER REGARDING YOUR ULTIMATE EXPERIENCE WITH INDIVIDUALS YOU MEET THROUGH THE SITE OR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SITE OR SERVICES, OFFLINE OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL TRIG OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SITE OR SERVICES OR PERSONS YOU MEET THROUGH THIS SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF TRIG FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE OR SERVICES, ANY INFORMATION, CONTENT, GOODS OR SERVICES OBTAINED AT OR FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO TRIG FOR USE OF THIS SITE OR SERVICES.
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR MEMBERS OF THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE BETWEEN USERS OR MEMBERS REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE TRIG AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE AND/OR SERVICES.
UNLESS OTHERWISE PROHIBITED BY LAW, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TRIG, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE SITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
his Agreement and any claim or controversy relating to or arising from the use of this Site or Services, including, but not limited to, any purchases or other transactions made or entered into at this Site, any information, content, goods, services or promotions herein contained or provided from this Site, or any functionality, software or programming contained or provided at or from this Site (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
If you open an account or commence the transaction of business at this Site, you will be required to complete the registration process by providing certain information and registering a username and password. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Trig be liable for any indirect, special or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
If you believe that your work was copied or posted on our Site in a way that constitutes copyright infringement, please contact our designated agent below:
Contact: Brian Jenkins
Email: [email protected]
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing.
Your notification must include the following information:
To be effective, a Counter Notification must be a written communication provided to Trig’s designated agent that includes substantially the following:
This Agreement is effective unless and until terminated by Trig. If in Trig’s sole discretion you fail to comply with any term or provision of this Agreement, Trig may terminate your account and access to or use of this Site. In the event of termination or denial of access by Trig, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
If you believe that another User or account holder of this Site is a repeat infringer, please follow the instructions above to contact Trig’s DMCA agent and provide information sufficient for us to verify that the account holder or User is a repeat infringer.
Trig shall have the right, but not the obligation, to monitor the content of the Site and Services, including email, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Trig shall have the right to remove any material that Trig, in its sole discretion, finds to be in violation of any of the provisions of this Agreement or deems to be otherwise objectionable.
You agree that Trig shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Site or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, hateful, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Trig provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Trig of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Site. Linked Sites are not under the control of Trig and Trig is not responsible for the contents of any Linked Sites.
Trig reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that Trig shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the documents referenced herein, shall constitute the entire agreement and understanding between Trig and you with respect to use of the Site and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
If you have any complaints or concerns regarding the services provided hereunder, please contact us at [email protected] The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.