Terms and Conditions

Last Modified: April 29, 2020

Effective Date: April 29, 2020

Acceptance of the Terms of Use

These Terms and Conditions, together with our Privacy Policy available at https://trisetra.com/privacy-policy (“Privacy Policy”), (collectively “Terms of Use”) govern your access to and use of trisetra.com, including any content, functionality, and services offered on or through trisetra.com (“Website”). These Terms of Use are entered into by and between you and Trisetra, inc. (“Company,” “we,” or “us”), and are effective as of the Effective Date indicated above or the date of your first access or use of the Website, whichever is earlier.

Please read the Terms of Use carefully before you start to use the Website. By accessing or using the Website or by clicking “Accept” or “Agree,” you accept and agree to be bound and abide by the Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Website.

Changes to the Terms of Use

We may revise the Terms of Use from time to time. When we do so, we will update the Last Modified date indicated at the top of this page. The most recently dated Terms of Use supersedes any previous versions. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

The Website is offered and available to users who are age 18 or older. By using this Website, you represent and warrant that you are 18 years of age or older. If you are under age 18, you must not access or use the Website.

The operator of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We reserve the right to withdraw or amend this Website, and any service or content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other security information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms of Use.

Intellectual Property Rights

As between you and the Company, the Company owns all right, title, and interest, including all intellectual property rights, to the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof).

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or content available through the Website.

You must not reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store, or transmit the Website or any of the content on our Website, except as follows:

Your device may temporarily store copies of such content in RAM incidental to your accessing and viewing the content.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason;
Make, have made, use, or sell for any purpose any product, service, or other item using, incorporating, or derived from the Website;
Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from the Website; or
Use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the content you have made.

The name Trisetra, the Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans that are not owned by us but appear on this Website are the trademarks of their respective owners.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the content on this Website that is inconsistent with any other provision of the Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

User Content

The Website may contain photos, videos, images, content, and other information that users create, upload, share, publish, display, or otherwise transmit on or through the Website (“User Content”). All User Content must comply with the Content Standards set out in the Terms of Use.

You hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable (through multiple tiers), and transferable license (1) to use, reproduce, modify, prepare derivative works based upon, perform, display, and distribute any User Content that you create, upload, share, publish, display, or otherwise transmit on or through the Website; and (2) to perform all acts with respect to the User Content for the purpose of providing the Website.

You represent and warrant that:

You have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You have the right to create, upload, share, publish, display, or otherwise transmit on or through the Website (“Post”) any User Content that you Post.
All of the User Content you Post does and will comply with the Terms of Use.

You understand and acknowledge that you are responsible for any User Content you Post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content Posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Uses

You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any content that does not comply with the Content Standards set out in the Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the content on the Website.
Use any manual process to monitor or copy any of the content on the Website, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Enforcement

We have the right to:

Remove or refuse to Post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website if we believe you have violated the Terms of Use or for any other reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any content or information on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review User Content before it is Posted on the Website, and cannot ensure prompt removal of any objectionable content after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Privacy

All information your provide or we collect on or through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy.

Disclaimers

The information presented on or through the Website is made available solely for your convenience. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

We may update the content on this Website from time to time, but we are under no obligation to update such information. Any of the information on the Website may be incomplete or out of date at any given time.

This Website includes information provided by third parties, including content provided by other users and third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any information provided by any third parties.

Any links on the Website to other sites and resources provided by third parties are provided for your convenience only. These includes links to third party websites where you can purchase items shown on the Website or links contained in advertisements, including sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY OF ANY KIND THAT THE WEBSITE WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.

The provisions in the preceding paragraph do not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

The provisions in this section do not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, your User Content.

Arbitration

Except for claims subject to the jurisdiction of a small claims court, any dispute, claim, or controversy arising out of or relating to use of the Website, the Terms of Use, or the breach, termination, enforcement, interpretation, validity, or enforceability thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or its Streamlined Arbitration Rules and Procedures. Notwithstanding any provision in the Terms of Use to the contrary, any arbitration shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. The arbitrator’s underlying award may be appealed pursuant to JAMS’ Optional Arbitration Appeal Procedure and shall not be considered final until after the time for filing the notice of appeal pursuant to JAMS’ rules has expired. Judgment on the final award or the decision rendered by the arbitration appeal tribunal may be entered in any court having jurisdiction.

THE COMPANY AND YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR(S) SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Termination

We may in our sole discretion and at any time discontinue providing the Website, or any part, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice and that the Company will not be liable to you or any third party for any termination of access to the Website. Upon termination of the Terms of Use, you must cease all access or use of the Website. The provisions in the Intellectual Property Rights, User Content, Enforcement, Privacy, Disclaimers, Limitation on Liability, Indemnification, Arbitration, Termination, General Information, and Feedback sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of the Terms of Use.

General Information

All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

These Terms of Use constitute the sole and entire agreement between you and the Company relating to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

No waiver by the Company of any term or condition set out in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

Any section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If any provision of the Terms of Use is held by an arbitrator, court, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent. The Company may assign the Terms of Use to any affiliate or successor of all or substantially all of the assets of the Company through merger, reorganization, consolidation, acquisition, or sale of all or substantially all of its assets.

Electronic signatures of the Terms of Use, including by clicking “Agree” or “Accept,” shall have the same force and effect as handwritten signatures, and delivery of documents by electronic transmission shall have the same force and effect as delivery of paper documents. We may give notice to you through the Website or by email to the email address you provide to us. You may give notice to us by email to info@trisetra.com. Email addresses may be updated at any time by providing notice to the other party pursuant to this paragraph.

Feedback

If you have any questions or comments, you can contact us at info@trisetra.com. If you submit any feedback, questions, comments, suggestions, or the like to the Company, you agree that (1) you will have no right to confidentiality in your Feedback; (2) we will be free to reproduce, disclose, and distribute your Feedback to others without limitation; and (3) we will be free to use any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose.