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> Terms and Conditions
Terms and Conditions
Terms and Conditions.
By purchasing products (“Products”) and/or services (“Services”) from Triumvirate Environmental, Inc. (“TEI”), Customer (person or entity either purchasing the Services and/or Products, here after also referred to as “You”) hereby agrees to these Terms and Conditions. If Customer does not agree to these Terms and Conditions, Customer may not purchase Products or Services and should discontinue use of the site immediately. TEI may revise and update these Terms and Conditions at any time, without notice, at the sole discretion of TEI.
General Disclaimer
Although TEI has attempted to provide accurate information on the Web Site, TEI assumes no responsibility for the accuracy of the information and makes no other representations or warranties whatsoever with respect to the products, services, resources, content and materials of any third parties. TEI may change the Services, information, programs or products referenced on the Web Site at any time without notice. Mention of non-TEI products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Some products or services are not available worldwide, and reference to those products or services does not imply that TEI intends to offer such programs or services in all countries or locations.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TEI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, ANY OTHER HYPERLINKED WEB SITE (IF ANY) OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Creating an Account
In order to access and use the Services, you will need to create an account (your “Account”). By creating an Account, You become a “User” and represent that you are eighteen (18) years or older and are not barred from using the Services under applicable law.
Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. TEI maintains a strict “No Robots” policy. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed.
TEI reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that You create through the Services that violates Our Terms. You are responsible for maintaining the confidentiality of Your password and Account, and agree to immediately notify TEI if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under Your Account and You shall defend, indemnify, save and hold TEI, its agents, directors, officers, employees, successors, and assigns (the “TEI Parties”) harmless from any and all demands, liabilities, losses, costs and claims, including attorneys’ fees, asserted against any of the TEI Parties, that may arise or result from your Use of the Site, Your Account, or any breach of your obligations under this Privacy Policy.
We encourage You to regularly change your password to help ensure Your Account’s security.
Billing and Fees
For the Services and Products provided by TEI, Customer will pay TEI an agreed upon fee, as identified on the website, as amended by TEI from time to time. In order to purchase a product or service, you will need a valid credit card and any such purchase shall be by credit card, except in limited circumstances where a Purchase Order may be used.
Due to limited seating and TEI’s arrangements with the venue, all sales for the Services and Products are final and are nonrefundable. If you are unable to attend the event which you have purchased, we request that you notify us
at least
72 hours
before a scheduled class. You can notify TEI by phone (
888-834-9697
) or email (
LearningCenter@triumvirate.com
). Upon receipt of timely notice and at TEI’s sole discretion, TEI will offer to either reschedule you for the next available event of equal value or provide a credit for the amount paid to your account which can be applied towards a future class. TEI shall not be required to reschedule or issue a credit if notice of cancellation is received within 72 hours of the event or you fail to attend/complete the event for any reason. In no event will TEI issue a refund for the amounts paid.
TEI will never store Your credit card information. During payment, payment information is immediately transmitted to the payment gateway, Authorize.net for authorization (Click
here
for Authorize.net privacy policy)
During the course of using the Website You may use certain features within our system to process credit card or other financial information. It is your responsibility to ensure the security of that information and handle it consistently with the best practices outlined by the Payment Card Industry Security Standards Council.
Personal Information
Your privacy is important to us. You acknowledge and agree that TEI may use information about you which TEI obtains either directly from You or which it obtains by the nature of Your use of the Site for any legitimate business purpose as outlined by our Privacy Policy, which is incorporated into this terms, and is available here
http://triumvirate.learningcart.com/Content/Privacy-Policy.aspx
User Conduct
We encourage You to participate in our community (when available), but ask that You respect other Users just like Yourself when posting Content to, and otherwise using, the Services. Regardless, We do expect that any time You are using the Services and/or promoting your Content through the Services, You agree NOT to:
use language or transmit Content through the Services that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
harass or threaten other Users through the Services. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.
submit material through the Services that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage Us, Our Users or any third party;
publish through the Services, any private information of someone (like their address or phone number) without their permission;
submit material through the Services that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or impersonate another person or represent yourself as affiliated with Us, or Our staff.
This list is an example and is not intended to be complete or exclusive. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that We consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
Termination
We may terminate Your access to and use of the Services and Account, at our sole discretion, at any time and without notice to You. You may also cancel your Account by emailing Learningcenter@triumvirate.com, giving us at least thirty (30) days’ notice prior to your intended termination date.
Upon any termination, discontinuation or cancellation of Services or Your Account, all provisions of these Terms which by their nature will survive, including, without limitation, ownership of property provisions, indemnification, warranty disclaimers, limitations of liability, and billing provisions.
Indemnification
(a) You agree to indemnify, defend, and hold harmless TEI and its directors, employees, licensors, independent contractors, providers, subsidiaries (collectively, the “TEI Parties”), from and against any and all liability and costs (including attorneys’ fees and costs) incurred by TEI and/or the TEI Parties in connection with any claim arising out of or are caused by: (i) Your use of and access to the Services; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, moral or privacy right. This section shall survive these Terms and your use and termination of the Services.
(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. TEI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any claim without the written consent of TEI.
Limitations on Liability and Remedies
(a) TEI IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall TEI be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if TEI has been advised of the possibility of such damages.
TEI may terminate the right of any user to access the Site at any time, with or without cause, in TEI’s absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a user’s right to access the Site shall in no manner whatsoever limit TEI’s absolute right to terminate any user’s access to the Site under this paragraph.
Intellectual Property.
The Services contain material that may be protected by United States and international copyright, trademark and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information and all TEI content. Any and all intellectual property rights, including without limitation all training content both oral and written, registered and unregistered service marks, trademarks, slogans, logos, symbols, graphics and distinctive trade dress in connection with the Services or Products or associated with the website and its contents (“Intellectual Property”) are the sole property of TEI, its affiliates, or third parties. All custom graphics, logos, icons, and other items that appear on the website are trademarks, service marks, or trade dress of TEI, its affiliates, or other entities that have granted TEI the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of TEI. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and TEI Content. Further, Customer may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, publish, publicly display, participate in the transfer or sale, transmit or distribute the Intellectual Property in any way without TEI’s or the appropriate third party’s prior written permission. Except as expressly provided herein, TEI does not grant to Customer any express or implied rights to TEI’s or any third party’s Intellectual Property. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.
DMCA/Copyright Policy
TEI respects copyright law and expects its Users to do the same. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that the Products or Services (collectively the “Content”) offered on Our site infringes Your copyright, You (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that Your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to:
Triumvirate Environmental, Inc.
Attention: Legal Department
200 Innerbelt Rd., Ste 400,
Somerville MA, 02143
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
Links and Advertisements of Third Party Websites or Resources
The Services may contain links to or advertisements of third-party websites (that are not affiliated with You or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party websites or resources.
Governing Law and Jurisdiction.
The validity, interpretation, and performance of these Terms and Conditions shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. Customer hereby consents to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and the Federal Courts, which may sit in the Commonwealth of Massachusetts, for litigation related to these Terms and Conditions.
Entire Agreement.
These Terms and Conditions constitute the entire agreement between the parties hereto relating to described Services and Products, and supersede any and all prior agreements, whether written or oral, that may exist between the parties regarding same, as well as any and all terms and conditions which may be contained in any purchase orders issued by the Customer prior or subsequent to these Terms and Conditions.
No waiver.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
In no event shall the preprinted terms or conditions found on any Customer purchase or work order be considered an amendment or modification of these Terms and Conditions, even if such documents are signed by representatives of both parties; such preprinted terms or conditions shall be considered null and of no effect.